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Bombay High Court Holds Court Fee on Appeal Under Section 37 of Arbitration Act Payable Under Article 4 of Schedule I of Maharashtra Court Fees Act. Appeal is a memorandum of appeal, not an application, thus ad valorem fee applies....

The appellant filed an appeal under Section 37 of the Arbitration and Conciliation Act, 1996 challenging an order dated 28.08.2015 passed under Section 34 by the Principal District Judge, which set as...

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Bombay High Court Holds Court Fee on Appeal Under Section 37 of Arbitration Act Payable Under Article 4 of Schedule I of Maharashtra Court Fees Act. Appeal from order under Section 34 is treated as appeal from decree, requiring ad valorem court fee on subject matter value....

The appellant, Rishabhkumar Jejani, filed an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, challenging an order dated 28.08.2015 passed by the Principal District Judge under S...

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Bombay High Court at Goa Quashes Charge of Abetment to Suicide and Murder Against Accused in Absence of Prima Facie Evidence of Instigation or Intent. Court holds that mere relationship disapproval and prior disputes do not constitute abetment under Section 306 IPC or murder under Section 302 IPC without direct evidence of instigation or common intention....

The petitioner, Santosh Kudtarkar, was originally accused no. 6 in Session Case No. 13 of 2015 before the Additional Sessions Judge, Mapusa, Goa. The case arose from the death of Pranay Padloskar, who...

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Bombay High Court Dismisses Appeal as Not Maintainable Under Section 13 of Commercial Courts Act, 2015 for Arbitration Matters with Claim Value Less Than One Crore. Appeal against order under Section 10 of Commercial Courts Act, 2015 is not maintainable as the subject matter of arbitration is not a commercial dispute of specified value....

The appellant, Mahanagar Telephone Nigam Ltd., filed an appeal under Section 13 of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 (Commercial Cou...

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High Court of Judicature at Bombay Allows State Appeal Against Release on Probation in Motor Vehicles Act Case. Section 184 Conviction Requires Mandatory Sentence of Imprisonment or Fine, Not Probation....

The State of Maharashtra filed an appeal against the order of the Joint Judicial Magistrate, First Class, Bhusawal, dated 31st May 2003 in Summary Criminal Case No.32 of 1999. The trial court had conv...

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High Court of Karnataka Quashes Special Court Order Refusing Transfer of POCSO Case to Juvenile Justice Board — Accused Held to Be Juvenile on Date of Offence Based on School Records. The court applied the principle of benefit of doubt in age determination under the Juvenile Justice Act, 2000, and directed transfer of the case to the Juvenile Justice Board....

The petitioner, Siddu @ Siddeshwar, was accused in Special Case No.4/2015 under the POCSO Act before the Principal District and Sessions Judge, Bidar. The petitioner claimed to be a juvenile (below 18...

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High Court of Karnataka Dismisses Writ Petition Challenging KAT Interim Order in Service Dispute — Petitioner Failed to Establish Prima Facie Case for Vacating Status Quo. The Court Held That the Tribunal's Order Was Not Perverse and Did Not Warrant Interference Under Article 226 of the Constitution of India....

The petitioner, Sri Fedric D'Souza, an Assistant Executive Engineer with the Bengaluru Development Authority, filed a writ petition under Article 226 of the Constitution of India challenging an order ...

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High Court of Karnataka Allows Second Appeal in Suit for Permanent Injunction — Lower Appellate Court's Finding of Easement by Prescription Set Aside as Perverse. The plaintiff failed to prove continuous user for 20 years as required under Section 15 of the Indian Easements Act, 1882, and the lower appellate court's judgment was based on misreading of evidence....

The case involves a suit for permanent injunction filed by the respondent-plaintiff, M. Girija, against the original defendant, Angadi Srinivas (since deceased, represented by his legal representative...

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High Court of Karnataka Allows Insurance Companies' Appeals in Motor Vehicle Accident Case — Insurers Exonerated from Liability Due to Violation of Policy Conditions. Claimant's Appeal for Enhanced Compensation Dismissed....

The case involves three appeals arising from a motor vehicle accident that occurred on 18.08.2012. The claimant, Durgappa, sustained injuries while traveling in a goods auto bearing registration No.KA...