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High Court of Karnataka Dismisses Revision Petition Challenging Order Under Section 133 Cr.P.C. for Removal of Obstruction to Public Pathway. Court upholds concurrent findings that the disputed pathway is a public road and petitioners failed to prove exclusive ownership....

The case arises from a petition under Section 133 of the Code of Criminal Procedure, 1973 filed by the first respondent (Balachanda M. Thammaiah) against the petitioners (Iynanda C. Chengappa and Iyna...

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Bombay High Court Upholds Conviction for Murder Under Section 302 IPC Based on Circumstantial Evidence. Motive of Eve Teasing and Recovery of Weapon on Disclosure Statement Formed Complete Chain of Circumstances Pointing to Guilt....

The appellant, Manoj Madanlal Tekam, was convicted under Section 302 IPC for the murder of Ravi Subhash Hulke. The incident occurred on 28.01.1996 when the appellant allegedly gave a gupti blow to the...

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Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Insurer Failed to Prove Truck Not Insured with It. Burden of Proof on Insurer to Show Non-Insurance Under Section 173 of Motor Vehicles Act, 1988....

The New India Assurance Co. Ltd. filed an appeal under Section 173 of the Motor Vehicles Act, 1988, challenging the judgment and award dated 15th July, 2008, passed by the Motor Accident Claims Tribun...

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Bombay High Court Allows Assessee's Claim for Capital Gains Treatment in Partnership Dissolution Case. Gains from Sale of Land Held as Co-owned Personal Asset Not Business Income Under Income Tax Act, 1961....

The case involved an income tax reference under Section 256 of the Income Tax Act, 1961, for the assessment year 1988-89. The assessee, an individual and former partner in a partnership firm named Lax...

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Bombay High Court Dismisses Revenue's Appeals in LIC Housing Finance Ltd. Tax Case — Tribunal's Order Quashing Revision Under Section 263 Upheld. Two Views Possible on Applicability of Section 36(1)(viii) Read with Section 41(4A) of Income Tax Act, 1961....

The Revenue filed four appeals under Section 260A of the Income Tax Act, 1961 against a common order of the Income Tax Appellate Tribunal (ITAT) dated 31st January 2011. The ITAT had quashed orders pa...

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Bombay High Court Quashes Corruption Proceedings Against Structural Engineer on High Rise Committee — Not a 'Public Servant' Under Section 2(c)(viii) of Prevention of Corruption Act, 1988. Appointment as Expert Member on Government Committee Without Salary or Government Service Does Not Attract PC Act Definition....

The applicant, Shailesh Ramanlal Mahimtura, a highly qualified structural engineer with three decades of experience, was appointed as a member of the High Rise Committee constituted by the Government ...

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Bombay High Court Acquits Accused in Murder Case Due to Lack of Credible Evidence and Doubtful Circumstantial Chain. Conviction under Section 302 IPC set aside as prosecution failed to prove guilt beyond reasonable doubt....

The appellant, Smt. Mangal Chandrakant Tarde, was convicted under Section 302 of the Indian Penal Code, 1860 for the murder of her husband Chandrakant. The prosecution case was based on circumstantial...

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Bombay High Court Dismisses Appeal Against Rejection of Plaint Return in Suit for Possession Against Gratuitous Licensee. Court Holds That Suit for Recovery of Possession Against Gratuitous Licensee Is Exclusively Triable by Small Causes Court Under Presidency Small Causes Court Act, 1882....

The appeal arises from a judgment and order dated 7 May 2014 of a learned Single Judge of the Bombay High Court dismissing the appellant's (original defendant's) notice of motion in Suit No. 5 of 2014...

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Bombay High Court Allows Petition Challenging Reservation of Chairman Post for Same Category in Third Consecutive Term. Reservation of Chairman Post for Scheduled Caste (Women) for Third Time Violates Rotation Rule Under Rule 2E of Maharashtra Zilla Parishads and Panchayat Samitis (Reservation of Offices and Election) Rules, 1962....

The petitioner, an elected member of Panchayat Samiti, Kallamb, challenged the order of the Collector, Osmanabad, dated 19th August 2014, which after draw of lots reserved the post of Chairman of Panc...

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High Court of Karnataka Quashes Tribunal Order Allowing Impleading in Motor Accident Claim — Applicants Not Necessary Parties Under Order 1 Rule 10 CPC. The court held that impleading persons unconnected with the accident or insurance claim in a Section 166 Motor Vehicles Act petition is impermissible and would constitute an abuse of process....

The petitioners, Anwar Mohammed and his minor children, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, before the Motor Accidents Claims Tribunal, Udupi, seeking compensatio...