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High Court of Karnataka Dismisses Insurer's Appeal in Motor Accident Claim — Contractual Liability Under Section 147(1) Proviso (ii) Not Applicable to Third-Party Claims. Insurer Held Jointly and Severally Liable with Owner and Lessee for Compensation Awarded to Injured Claimant....

The appeal was filed by New India Assurance Co. Ltd. against the judgment and award of the Motor Accidents Claims Tribunal (MACT), Bangalore, in MVC No.2964/2010, dated 19.10.2011. The Tribunal had aw...

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High Court of Karnataka Dismisses Revenue's Appeal in Central Excise Case — Input Service Credit on Repair of Company Vehicles and Rent-a-Cab Services Allowed. The court held that repair of company vehicles and rent-a-cab services used for transportation of staff/guests are eligible input services under CENVAT Credit Rules, 2004....

The appeal was filed by the Commissioner of Central Excise & Service Tax, Mangalore, against the final order No.21966/2014 passed by the Customs, Excise and Service Tax Appellate Tribunal (CESTAT), So...

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Bombay High Court Quashes FIR in Abetment of Suicide Case Due to Absence of Instigating Acts. Applicant on Leave During Incident, No Proximate Link to Deceased's Suicide Established Under Section 306 IPC....

The applicant, Kishor Dattatraya Shinde, an Assistant Engineer with Maharashtra State Electricity Distribution Company Limited, filed a criminal application under Section 482 of the Code of Criminal P...

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Bombay High Court Allows Appointment of Arbitrator in Group of Companies Dispute — Non-Signatory Group Companies and Guarantors Bound by Arbitration Clause. Court applies prima facie test under Section 11(6) of Arbitration and Conciliation Act, 1996 and holds that group companies and guarantors are bound by arbitration agreement in loan documents....

The applicants, eleven entities including companies and an individual, filed an application under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeking appointment of an arbitrator to r...

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Karnataka High Court Allows Appeal in Recovery Suit, Reduces Interest Rate from 23% to 6% p.a. for Money Lending Transactions. Court Held That Charging 23% Interest Was Unconscionable and Excessive Under Section 34 CPC, and Reduced It to 6% p.a. Simple Interest....

The plaintiff, G.R. Shet, proprietor of M/s Shet & Co., filed a suit for recovery of money against M/s Bawa Enterprises (a partnership firm) and its partners, including the 5th defendant who was the G...

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Bombay High Court Allows Appeal Against Penalty Imposed Without Show Cause Notice in Workmen's Compensation Case. Penalty under Section 4A(3)(b) of Workmen's Compensation Act, 1923 Requires Prior Opportunity of Hearing; Interest Under Section 4A(3)(a) is Automatic....

The appellant, Sri Lalitha Equipments, challenged an order of the Commissioner under the Workmen's Compensation Act, 1923, which imposed a penalty upon it without issuing a show cause notice. The appe...

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Bombay High Court Quashes Externment Orders Under Section 56(b) of Bombay Police Act, 1951 for Non-Compliance with Procedural Safeguards. Orders set aside as show cause notices failed to specify the period of proposed externment and the authority did not consider less drastic alternatives....

The Bombay High Court at Nagpur Bench heard three criminal writ petitions challenging externment orders passed under Section 56(b) of the Bombay Police Act, 1951. The petitioners, Sayeed Firoz, Ramiz ...

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Bombay High Court Allows Criminal Writ Petition Challenging Dismissal of Revision as Not Maintainable — Held That Revision Against Order of Issuance of Process Under Section 204 CrPC Is Maintainable Before Sessions Court. The court set aside the Sessions Judge's order and remitted the matter for fresh disposal on merits, relying on a Division Bench precedent....

The petitioner, Shri Jitendra Deshprabhu, filed a Criminal Writ Petition before the High Court of Bombay at Goa challenging an order dated 27.06.2013 passed by the learned Sessions Judge, Panaji, whic...

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Bombay High Court Dismisses State's Writ Petition Against Order Under Section 156(3) CrPC Due to Availability of Alternate Remedy of Revision. Court holds that an order under Section 156(3) CrPC is not interlocutory and revision lies against it, following Division Bench precedent....

The State of Goa, through the Margao Police Station and Superintendent of Police, filed a Criminal Writ Petition before the Bombay High Court at Goa challenging an order dated 26.05.2015 passed under ...