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Bombay High Court Allows Appeal in Inheritance Dispute — Widow of Predeceased Son Not Entitled to Inherit from Father-in-Law Under Hindu Succession Act. The court held that the widow of a predeceased son is not a Class I heir under Section 8 of the Hindu Succession Act, 1956, and thus cannot claim inheritance from her father-in-law....

The case involves a second appeal before the Bombay High Court at Goa arising from a suit filed by the respondents claiming inheritance of properties owned by the father-in-law of respondent no. 1. Th...

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Bombay High Court Partly Allows Appeal in Lease Dispute, Reduces Mesne Profits Interest Rate. Court holds that interest on mesne profits should be at 6% per annum under Section 34 CPC, not 18% as awarded by trial court....

The appellant, Bandekar Brothers Pvt. Ltd., challenged the judgment and decree dated 16.04.2009 passed in Special Civil Suit No.62/1996 by the trial court. The respondent, Damodar Mangalji & Co. Ltd.,...

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High Court of Bombay at Goa Allows Insurance Company's Appeal in Motor Accident Claim Due to Lack of Evidence of Negligence and Wrong Multiplier Application. The court held that the claimant failed to prove rashness and negligence, and the multiplier should be based on the father's age, not the deceased's....

The case involves an appeal by National Insurance Co. Ltd against a judgment and award dated 07.07.2015 passed by the Motor Accident Claims Tribunal in Claim Petition No. 100/2014. The Tribunal had aw...

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Bombay High Court Allows Widow's Claim to Inherit from Predeceased Husband's Parents Under Portuguese Civil Code — Right of Representation Under Article 1980 Upheld. The Court held that the widow of a predeceased son is entitled to inherit from her in-laws by representation under Article 1980 of the Portuguese Civil Code, setting aside the lower courts' judgments....

The case involves a second appeal before the Bombay High Court at Goa arising from a dispute over inheritance rights under the Portuguese Civil Code. The appellant, Mrs. Isha Sameer Dessai, is the wid...

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Bombay High Court Quashes Second FIR in Criminal Breach of Trust Case — Successive FIRs on Same Transaction Barred. Second FIR for Offences Under Section 409 IPC Read With Section 34 IPC Quashed as It Pertained to Same Incident as Earlier FIR, Violating Prohibition Against Multiple FIRs on Same Cause of Action....

The applicants, Lalasaheb Rajesaheb Shaikh and Tabbsumbi Ismile Shaikh, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) before the Bombay High Court, B...

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Bombay High Court Quashes FIR in Essential Commodities Act Case Due to Lack of Sanction and Invalid Search. Applicant's prosecution under Sections 3 and 7 of the Essential Commodities Act, 1955 set aside as mandatory sanction under Section 6A was not obtained and search conducted without proper authorization....

The applicant, Bhagwan S/o Namdeo Dawkhar, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of FIR No.3031/2016 registered at Police Station, Amb...

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SECOND APPEAL NO. 708 OF 2008...

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High Court of Karnataka Dismisses State Appeal Against Acquittal in Attempt to Rape Case — Prosecutrix's Testimony Found Unreliable. Trial Court's Acquittal for Offences Under Sections 376 and 376 read with 511 IPC Upheld as No Error in Appreciation of Evidence....

The State of Karnataka appealed against the judgment of the II Additional District and Sessions Judge, Dharwad, in Sessions Case No.148/2010, which acquitted the respondent-accused Rajesab for offence...

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Bombay High Court Allows Second Appeal in Right of Way Dispute — Appellate Court's Reversal of Trial Court's Findings Set Aside. The appellate court erred in reversing the trial court's findings merely by forming a second opinion and by relying on an alternate way that was not comparable to the claimed right of way under the Mamlatdar Courts Act, 1906....

The dispute pertains to a right of way claimed by the defendants (appellants) over the plaintiffs' (respondents') land bearing Gat Nos. 12 and 13. The Mamlatdar, under Section 5(2) of the Mamlatdar Co...