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High Court of Karnataka Dismisses Revision Petition in Suit for Declaration and Injunction — Order Rejecting Application Under Order 23 Rule 1 CPC Upheld. The court held that withdrawal of a suit before filing of written statement and without adjudication on merits does not bar a subsequent suit on the same cause of action under Order 23 Rule 1 CPC....

The revision petition was filed by the defendant No.5 in O.S.No.144/2012 challenging the order of the Senior Civil Judge, Anekal, dated 28.9.2013 dismissing I.A.No.3 filed under Order 23 Rule 1 read w...

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Bombay High Court Upholds Compensation Award in Motor Accident Claim — Insurance Company Liable for Owner of Goods as Passenger. Claimant's status as owner of goods established by evidence of hiring vehicle and loading grain bags, attracting coverage under Section 147 of Motor Vehicles Act, 1988....

The case involves a motor accident claim arising from an incident on 26.2.1995 when the claimant, Shashikant Chimurkar, hired a TATA407 truck (MH31/M3506) to transport pipes and allied material to his...

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Bombay High Court Allows Appeal in Trust Election Dispute — Upholds Validity of Trustees' Election Despite Procedural Irregularities. Substantial Compliance with Bye-Laws and Absence of Prejudice to Members Renders Election Valid Under Bombay Public Trust Act, 1950....

The case involves a dispute over the election of trustees of the People's Education Society, a public trust registered under the Societies Registration Act, 1860 and the Bombay Public Trust Act, 1950....

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Bombay High Court Dismisses Petition Challenging DRAT Order in SARFAESI Act Matter with Heavy Costs. Petitioners' attempt to redeem mortgaged property for a fraction of the outstanding debt held to be an abuse of process....

The petitioners, Mr. Dipak Digambar Naik and others, filed a writ petition in the Bombay High Court challenging an order dated 12th March 2015 passed by the Debts Recovery Appellate Tribunal (DRAT), M...

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Bombay High Court Upholds Constitution of Special Bench by ITAT President on CBDT Request in Income Tax Appeal. Power under Section 255(3) of Income Tax Act is Administrative and Not Subject to Prior Hearing or Natural Justice....

The petitioner, M/s Jagati Publications Ltd., a public limited company publishing a Telugu newspaper, filed a writ petition in the Bombay High Court challenging the order dated 5 March 2013 passed by ...

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Bombay High Court Dismisses Petition by School Management Challenging Reinstatement of Teacher by School Tribunal. Teacher's Termination for Abandonment of Service Set Aside as Management Failed to Prove Abandonment and Absenteeism....

The petitioners, the Secretary and Headmaster of Niti Niketan Shikshan Sanstha and Niti Niketan Vidyalaya, challenged the judgment of the School Tribunal dated 10.10.2013 in Appeal No.26 of 2012. The ...

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Karnataka High Court Allows Assessee's Appeal in Income Tax Reopening and Agricultural Income Estimation Case. Reopening under Section 148 of Income Tax Act, 1961 held invalid for lack of tangible material, and Tribunal's reversal of CIT(A)'s agricultural income estimation set aside as perverse....

The appellant, Shri S L Basavaraj (HUF), an assessee, filed appeals against a common order of the Income Tax Appellate Tribunal (ITAT) dated 30 January 2009, which had allowed the Revenue's appeals fo...

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Bombay High Court Quashes FIR in Atrocities Case Due to Lack of Public View Element and Civil Dispute Nature. Alleged Caste-Based Insult Inside Police Station Not in Public View Under Section 3(1)(x) of SC/ST Act, 1989....

The judgment concerns two criminal applications filed under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR No.2/2012 registered at Karanja Police Station, Washim, for off...

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High Court of Bombay at Goa Quashes Attachment Warrant in NI Act Case for Non-Compliance with Section 421 CrPC Procedure. Magistrate's order to attach flat without issuing notice or following proper procedure under Section 421 of Code of Criminal Procedure, 1973 set aside....

The petitioner, Mohammed Rafic, was convicted under Section 138 of the Negotiable Instruments Act, 1881 for dishonour of a cheque and sentenced to pay compensation of Rs.4,25,000/- to the complainant,...