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Bombay High Court Allows Complainant's Appeal in Cheque Dishonour Case, Restores Conviction Under Section 138 of Negotiable Instruments Act, 1881. The court held that once the accused admits his signature on the cheque, the presumption of a legally enforceable debt arises under Section 139 of the Act, and the accused must rebut it....

The appellant, Kayam Kaderbhai Nagree, was the original complainant in two complaints under Section 138 of the Negotiable Instruments Act, 1881, against the respondent, Jayant S. Kumar. The complaints...

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Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witness and Lack of Corroboration. Demand and Acceptance of Bribe Not Proved Beyond Reasonable Doubt Under Sections 7 and 13(2) of Prevention of Corruption Act, 1988....

The appellant, Selvaraj Johnson Rodrigo, was convicted by the Special Judge, Mumbai, for offences under Sections 7 and 13(2) read with 13(1)(d) of the Prevention of Corruption Act, 1988, for allegedly...

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Bombay High Court Partially Allows Challenge to Arbitral Award in Pipeline Project Dispute — Interest Modified to Simple Interest. The court held that pre-reference interest was not permissible under the contract and compound interest was contrary to the agreement, modifying the award to simple interest at 18% per annum from the date of the award....

The petitioner, Hindustan Petroleum Corporation Limited (HPCL), challenged an arbitral award dated 21 February 2012 under Section 34 of the Arbitration and Conciliation Act, 1996. The dispute arose fr...

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Bombay High Court Remands Labour Case for Fresh Adjudication Due to Procedural Irregularities in Domestic Enquiry - Alleged Bias of Inquiry Officer Not Examined by Courts Below. The court set aside the Industrial Court's order and directed the Labour Court to reconsider the complaint after giving opportunity to lead evidence on bias....

The judgment concerns two writ petitions arising from the same dispute between M/s Kirloskar Oil Engines Ltd. (Management) and Satish Dattatraya Gosavi (Workman). The Workman was dismissed from servic...

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Bombay High Court Dismisses Railways' Appeal in Untoward Incident Death Case. Death of Passenger Due to Fall from Train Caused by Sudden Jerk Constitutes Untoward Incident Under Section 124A of Railways Act, 1989....

The case involves an appeal by the Union of India (Railways) against an award of the Railway Claims Tribunal, Nagpur Bench, in Claim Application No.164/OA II/RCT/NGP/2008. The respondents, being the w...

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High Court of Bombay at Nagpur Reduces Compensation in Motor Accident Claim for Death of Bullocks and Damage to Bullockcart. Tribunal's award of Rs.70,000 set aside as excessive; appellant insurer liable only for Rs.6,000 based on market value of bullocks and cart....

The case arises from a motor accident claim where the offending truck No.PB12/A6517 dashed against a bullockcart, resulting in the death of two bullocks and damage to the cart. The claimants, owners o...

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Bombay High Court Dismisses Convict's Furlough Petition Due to Previous Absconding and Adverse Police Report. Petitioner had earlier jumped parole and remained absconding for over 5 years, leading to rejection of furlough under Parole and Furlough Rules, 1959....

The petitioner, Balya @ Rameshwar Motiram Yelekar, a convict lodged in Central Prison, Nagpur, filed a Criminal Writ Petition seeking release on furlough for a period of two weeks. The respondents, in...

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Bombay High Court Dismisses Writ Petition Challenging Maintainability of Appeal Under Petroleum Rules, 2002. Rule 154 of Petroleum Rules, 2002 permits appeal against any order of District Magistrate, including a proposal or report, and the appellate authority has jurisdiction to decide its own maintainability....

The petitioners, Manoj Mohanlal Bilala and Deepak Sunderlal Murarka, filed a writ petition in the Bombay High Court, Nagpur Bench, challenging an order dated 24-2-2014 passed by the Divisional Commiss...

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Bombay High Court Upholds Conviction for Murder in Ganpati Immersion Day Assault — Life Sentence Confirmed Based on Circumstantial Evidence and Dying Declaration. Motive of Job Loss and Threat to Kill Established Chain of Circumstances Leading to Guilt Under Section 302 IPC....

The appellant, Chandrakant Bapu Nawale, was convicted by the Additional Sessions Judge, Ratnagiri, for the murder of Kashinath Keshav Nawale under Section 302 of the Indian Penal Code, 1860, and sente...