High Court

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Upholds Conviction and Death Sentence in POCSO Case Due to Credibl...
Supreme Court Dismisses Appeal Against High Court's Reversal of Trial Court's De...

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High Court

High Court of Karnataka Quashes FIR and Proceedings in PCR Complaint Sent by Post — Magistrate Failed to Follow Procedure Under Section 200 Cr.P.C. Before Referring to Police Under Section 156(3) Cr.P.C. Complaint sent by post requires examination of complainant under Section 200 Cr.P.C. before any further action; order under Section 156(3) Cr.P.C. without such examination is illegal....

The petitioner, Yakoob Sharief, filed a petition under Section 482 Cr.P.C. seeking quashing of FIR in Crime No.86/2012 and proceedings in PCR No.95/2012 pending before the Principal Civil Judge and JM...

High Court

Bombay High Court Nagpur Bench Hears Appeals Against Conviction and Acquittal in Kidnapping and Murder Case Under Indian Penal Code — Key reason: The appeals challenge the trial court's reliance on circumstantial evidence and the application of the last seen theory. The Court examined sufficiency of evidence under Sections 363, 302, 120B, 201 IPC and Section 27 of Evidence Act, and the State sought enhancement of sentence to capital punishment for the murder of a minor....

The Bombay High Court, Nagpur Bench, heard four criminal appeals arising from the judgment of the Sessions Judge, Akot, dated 1 June 2016, in Sessions Trial No. 21 of 2014. The trial court had convict...

High Court

Bombay High Court Allows Writ Petition Challenging Rejection of Appeal Under Section 47 of MRTP Act — Appellate Authority Must Consider Condonation of Delay and Stay on Merits. Flat Owner Has Locus to Challenge Modification of Sanctioned Plan Affecting Common Areas Under Maharashtra Regional and Town Planning Act, 1966....

The petitioner, a flat owner in a building constructed by respondent No.6 on land owned by respondent No.7, filed a civil suit (R.C.S. No.517/2011) alleging that common areas were being utilized contr...

High Court

Bombay High Court Allows Claim Petition Beyond Limitation in Motor Accident Case — Tribunal Has Power to Entertain Delayed Claim After Omission of Section 166(3). The Court held that the omission of Section 166(3) does not affect pending claims and the Tribunal retains inherent power to condone delay....

The petitioner, Kum. Jyoti Manohar Shetye, a socially engaged citizen employed with the Bombay Port Trust, participated in a bicycle ride from Mumbai to Bangalore as part of a social awareness drive. ...

High Court

Bombay High Court Dismisses Second Appeal in Possession Suit, Holding That Dismissal of Prior Suit as Premature Does Not Operate as Res Judicata. Finding on Will in Earlier Suit Not Binding When Suit Dismissed on Technical Ground....

The case involves a dispute over possession of a suit property. The plaintiff, Deepali Dinanath Pawaskar, claimed title through a Will dated 5th May 1978 executed by her father-in-law, Waman Pawaskar,...

High Court

Bombay High Court Allows Reference in Sales Tax Case, Holding Tribunal Must Adjudicate on Exim Scrips Levy Despite Ground Not Raised in Appeal Memo. Section 55 of Bombay Sales Tax Act, 1959 Confers Wide Appellate Powers to Consider Any Necessary Ground....

The case involves two Sales Tax References filed by M/s Bombay Dyeing & Mfg. Co. Ltd. against the Commissioner of Sales Tax, Maharashtra State. The applicant challenged the order of the Maharashtra Sa...

High Court

Bombay High Court Allows Revenue Appeals in Income Tax Cases on Disallowance of Interest Expenditure on Tax-Free Securities. Held that Section 14A of the Income Tax Act, 1961 read with Rule 8D of the Income Tax Rules, 1962 mandates disallowance of expenditure incurred in relation to income not includible in total income, and the Assessing Officer must record satisfaction before invoking Rule 8D....

The judgment involves a batch of appeals filed by the Revenue under Section 260A of the Income Tax Act, 1961, challenging orders of the Income Tax Appellate Tribunal (ITAT) that had deleted disallowan...

High Court

Bombay High Court Acquits Accused in NDPS Case Due to Non-Compliance with Section 42(2) — Conviction for Possession of Charas Set Aside as Search and Seizure Vitiated by Failure to Transmit Information to Immediate Official Superior....

The appellants, Daulatram @Dolly Trilok Singh, Shahmohammed Salatmatmiya Shah, and Bampada @Bamdeo @Ity Sanatan Adak, were convicted by the Special Judge under the Narcotic Drugs and Psychotropic Subs...

High Court

Bombay High Court Terminates Arbitrator's Mandate for Failure to Render Award and Excessive Fees — Substitute Arbitrator Appointed Under Sections 14 and 15 of the Arbitration and Conciliation Act, 1996. The Court held that failure to render award within reasonable time and demanding excessive fees constitute failure to act under Section 14(1)(a) of the Act....

The petitioner, Parekh Industries Limited, filed a petition under Sections 14 and 15 of the Arbitration and Conciliation Act, 1996, seeking termination of the mandate of the sole arbitrator appointed ...

High Court

Bombay High Court Dismisses Petition Challenging Arbitral Award in Car Parking License Dispute. Clause 15 of License Agreement Permitted Change of Location Without Compensation, and No Evidence of Loss Was Found....

The petitioner, Garuda Aviation Services Pvt. Ltd., was granted a license by the Airport Authority of India (AAI) to operate a car parking facility at Pune Airport under a license agreement dated 03.0...

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High Court

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Bombay High Court Dismisses Second Appeal in Possession Suit, Holding That Dismissal of Prior Suit as Premature Does Not Operate as Res Judicata. Finding on Will in Earlier Suit Not Binding When Suit Dismissed on Technical Ground....

Bombay High Court Allows Reference in Sales Tax Case, Holding Tribunal Must Adjudicate on Exim Scrips Levy Despite Ground Not Raised in Appeal Memo. Section 55 of Bombay Sales Tax Act, 1959 Confers Wide Appellate Powers to Consider Any Necessary Ground....

Bombay High Court Acquits Accused in NDPS Case Due to Non-Compliance with Section 42(2) — Conviction for Possession of Charas Set Aside as Search and Seizure Vitiated by Failure to Transmit Information to Immediate Official Superior....

Bombay High Court Dismisses Petition Challenging Arbitral Award in Car Parking License Dispute. Clause 15 of License Agreement Permitted Change of Location Without Compensation, and No Evidence of Loss Was Found....

Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensation Cases,...

Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Dispute — Upho...

Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Suit for Spec...

High Court Upholds State's Authority to Charge Transfer Premium in Liquidation Proceedings...

High Court Dismisses Application Challenging Order for Data Extraction from Mobile Phone i...

Supreme Court Upholds Conviction and Death Sentence in POCSO Case Due to Credible Testimon...

Supreme Court Dismisses Appeal Against High Court's Reversal of Trial Court's Decree on Wi...

Supreme Court Sets Aside High Court Order on Temple Property Gift — Affirms State's Cust...

Supreme Court Dismisses Appeal Against Charge Framing in Corruption Case — Upholds High ...

Supreme Court Upholds Removal of Deputy Registrar in University Disciplinary Proceedings D...