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Bombay High Court Allows Appeal Against Section 9 Order in Arbitration Dispute Over Asset Agreement Without Arbitration Clause. The court held that an arbitration clause cannot be incorporated by mere reference to another agreement; specific incorporation is required under Section 7 of the Arbitration and Conciliation Act, 1996....

The appellant, JHS Svendgaard Laboratories Ltd, challenged an order passed by a learned Single Judge under Section 9 of the Arbitration and Conciliation Act, 1996, which directed the appellant to hand...

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High Court of Karnataka Enhances Compensation for Workman in Tempo Accident Case — Loss of Earning Capacity Assessed at 100% Due to Amputation of Left Arm. Amputation of arm above elbow constitutes permanent total disablement under Schedule I of Workmen's Compensation Act, 1923, entitling workman to full compensation....

The appellant, Sanjeev, a labourer aged 23, was working under respondent No.1 in a 407 Tempo bearing registration No. KA-23/7439. On 11.8.2008 at about 11.00 a.m., while unloading a machine from the t...

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Bombay High Court Dismisses Contempt Petition Against Forest Officers for Non-Compliance of Commissioner's Order Under Disabilities Act. Commissioner Under Persons with Disabilities Act, 1995 Not a 'Court' for Contempt of Courts Act, 1971....

The petitioner, Ku. Asha d/o Tribhuvan Dongare, was appointed as a Forest Guard in the Forest Department of Maharashtra on a post reserved for handicapped persons. She sought promotion to the post of ...

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Bombay High Court Allows Writ Petition Challenging Appellate Order in Succession Act Case — Power of Attorney Holder Can File Appeal Under Section 384 of Indian Succession Act, 1925. The Court held that the word 'person' in Section 384 includes a power of attorney holder, and the appeal filed by such holder is maintainable....

The petitioner, Mr. Tomas Shamson De Souza, through his power of attorney holder Mr. Teofilo Dias, filed a writ petition in the High Court of Bombay at Goa challenging the judgment and order of the Di...

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Bombay High Court Quashes Process Against Accused in Section 138 NI Act Case — Cheque Not Drawn on Accused's Account. Applicant cannot be held vicariously liable under Section 138 of Negotiable Instruments Act, 1881 as the cheque was drawn on the account of a proprietorship firm, not on the personal account of the accused....

The applicant, Dr. (Mrs) Rajul Ketan Raj, was accused no.1 in three complaints filed by Reliance Capital Ltd. under Section 138 of the Negotiable Instruments Act, 1881. The complaints alleged that the...

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Bombay High Court Acquits Appellants in Murder Case Due to Inconsistent Evidence and Doubtful Identification. Conviction under Section 302 IPC Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt....

The appellants, Vitthal Tukaram Kadam and his son Somnath Vitthal Kadam, were convicted by the Additional Sessions Judge, Karad, for the murder of Lalasaheb Kadam, who was the brother of appellant No....

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Bombay High Court Upholds Conviction for Murder Under Section 302 IPC Based on Eyewitness Testimony and Medical Evidence. The court found the eyewitnesses credible and their testimony consistent, corroborated by medical evidence, leading to dismissal of the appeal....

The appellant, Mohd Sharif Mehboob Badshakhan, was convicted by the Additional Sessions Judge, Greater Bombay in Sessions Case No.230 of 1999 for the offence punishable under Section 302 of the Indian...

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Bombay High Court Dismisses PIL Challenging Construction of Commercial Complex Under PPP Due to Abuse of Process and Local Body Exemption. Construction by Municipal Corporation on Its Own Land Under PPP Exempt from Planning Permission Under Section 44 MRTP Act, and Delegation of Powers by Commissioner Under Section 72B Maharashtra Municipal Corporations Act Valid....

The petitioner, a social worker, filed a Public Interest Litigation challenging the construction of a commercial complex named Ranjeet Singh Market and Bindu Mangal Karyalaya on Survey No.1803 at Nand...

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Bombay High Court Upholds Revenue Expenditure Classification for Technical Consultancy and Labour Housing in Income Tax Reference. Payments for feasibility studies and labour welfare held deductible as revenue expenditure under Income Tax Act, 1961....

The case pertains to an income tax reference under Section 256(1) of the Income Tax Act, 1961, at the instance of the Revenue department. The assessee, M/s Manganese Ore India Limited, had made certai...

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Bombay High Court Upholds Conviction of Father for Raping Minor Daughter and Committing Unnatural Offences with Son. The court confirmed life imprisonment under Section 376(2)(f) IPC and five years rigorous imprisonment under Section 377 IPC, relying on credible child witness testimony and medical evidence....

The appellant, Jaikumar Kailas Gedam, was convicted by the Sessions Judge, Pune, for offences under Sections 376(2)(f) and 377 of the Indian Penal Code (IPC) for raping his 10-year-old daughter and co...