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Bombay High Court Allows Enhancement of Compensation in Motor Accident Claim — Apportionment of Liability Between Two Tortfeasors Upheld. Claimants awarded enhanced compensation for death of Sagun Ghadi in a truck collision, with 50% liability each on both truck owners and insurers....

The case arises from a motor accident claim filed by the legal heirs of Sagun Ghadi, who died in a collision between two trucks on 10th September 2005. The appellants, being the widow and children of ...

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Bombay High Court Allows Assistant Public Prosecutor to Appear for District Judge Examination - Period as APP Counts as Practice as Advocate. Eligibility criteria for District Judge post includes period as Public Prosecutor in computing seven years of practice as Advocate under Advertisement No.A.5504/2014....

The petitioner, Sachin Bhimrao Suryawanshi, was working as an Assistant Public Prosecutor in Maharashtra. She had previously practiced as an Advocate from 17 September 2001 to 5 April 2007, then worke...

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High Court of Karnataka Allows Insurance Company's Appeal in Motor Accident Claim — Loss of Earning Capacity Cannot Be Automatically Treated as 100% Based on Nature of Avocation Alone. Tribunal's Assessment of 100% Loss of Earning Capacity Despite Medical Evidence of 55% Whole Body Disability Set Aside, Matter Remanded for Reassessment....

The appeal was filed by the National Insurance Company Limited challenging the judgment and award dated 04.02.2008 passed by the II Additional Civil Judge (Senior Division) and Additional Motor Accide...

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High Court of Karnataka Upholds Constitutional Validity of Section 53-A CrPC for Medical Examination of Accused in Rape Cases. Challenge to police notice for medical examination dismissed as Section 53-A is not violative of Article 20(3) or Article 21 of the Constitution....

The petitioner, Shreemad Jagadguru Shankaracharya Shree Shree Raghaveshwara Bharati Swamiji, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the constitutiona...

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High Court of Karnataka Quashes Forfeiture of Rice and Release of Lorries Under Essential Commodities Act — Deputy Commissioner Exceeded Jurisdiction by Not Following Natural Justice. Order set aside for lack of notice and opportunity of hearing, remanded for fresh consideration....

The petitioners, owners of lorries, challenged an order dated 16.07.2014 passed by the Deputy Commissioner, Kolar District, under Sections 3 & 5 of the Essential Commodities Act, 1955 and Clause 18 of...

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Bombay High Court Acquits Accused in Robbery and Drugging Case Due to Lack of Identification and Recovery. Identification of accused by complainant fails as no Test Identification Parade was conducted and recovery of stolen items not linked to accused....

The appellant, Harmeshlal s/o Ajit Singh, was convicted by the Adhoc District Judge and Assistant Sessions Judge, Nagpur, in Sessions Trial No. 507 of 2013 for offences under Sections 328 and 394 of t...

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Bombay High Court Restores Summary Suits Dismissed for Want of Prosecution, Imposing Costs for Non-Compliance with Directions. Non-Resident Indian Plaintiffs' Explanation of Travel Commitments Accepted as Sufficient Cause for Restoration....

The plaintiffs, Nakul Arun Jagjivan and Nayan Arun Jagjivan, filed summary suits against Ram V. Tyagrajan and another defendant, claiming recovery of sums paid as sureties under a contract of guarante...

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Bombay High Court Acquits Accused in Corruption Case Due to Lack of Demand and Acceptance of Bribe. Conviction under Sections 7 and 13(2) read with 13(1)(d) of Prevention of Corruption Act, 1988 set aside as prosecution failed to prove demand and acceptance beyond reasonable doubt....

The appellant, Jitendra Kumar Jain, was convicted by the Special Judge, Silvassa, for offences under Sections 7 and 13(2) read with 13(1)(d) of the Prevention of Corruption Act, 1988, and sentenced to...

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Bombay High Court Allows Condonation of Delay in Filing Income Tax Return for Refund Claim. CBDT's Rejection of Condonation Application Set Aside as Reasons for Delay Were Genuine and Not Habitual....

The petitioner, Artist Tree Pvt. Ltd., engaged in dealing in artifacts and finances, filed a return of income for Assessment Year 1997-1998 on 14 September 1999, declaring income of Rs.1,46,000 and cl...