High Court

Scroll Down To Discover

Sort by:

© Image Copyrights Juris Services & Technology

High Court of Karnataka Enhances Compensation in Motor Accident Claim — Apportionment of Liability Between Two Insurers Based on Contributory Negligence. The court held that the insurer of the auto rickshaw cannot be exonerated when its driver was equally negligent, and applied multiplier of 13 for deceased aged 45 years under Motor Vehicles Act, 1988....

This appeal under Section 173(1) of the Motor Vehicles Act, 1988 was filed by the claimants, the legal representatives of the deceased Narasimhegowda @ Chandru, seeking enhancement of compensation and...

© Image Copyrights Juris Services & Technology

Bombay High Court Dismisses Petition Challenging Arbitral Award in Advertising Agency Dispute — Retainer Fee Clause Interpreted as Monthly Payment Obligation. The court upheld the Arbitrator's finding that the Petitioner was liable to pay monthly retainer fees and fees during the notice period under the Company/Agency Agreement....

The Petitioner, Maxx Moblink Pvt. Ltd., a company in the business of marketing and trading mobile phones, entered into a Company/Agency Agreement dated 10 August 2009 with the Respondent, Pickle Adver...

© Image Copyrights Juris Services & Technology

Bombay High Court Allows Stay of Trial Pending Revision Against Order Issuing Process in Cheating Case — Failure to Stay Would Render Revision Meaningless. The court held that where a revision against an order issuing process is pending, the trial must be stayed to preserve the efficacy of the revision, otherwise the revision would be rendered infructuous....

The petitioner, Pradip Gulabrao Pawar, is the accused in Regular Criminal Case No. 168/2010 filed by respondent no.1, Krushnrao Jagannath Patil, for an offence punishable under Section 420 of the Indi...

© Image Copyrights Juris Services & Technology

High Court of Karnataka Dismisses Second Appeal in Property Dispute — Concurrent Findings of Courts Below Upheld. Sale Deed Cancellation Suit Fails as Plaintiff Failed to Prove Undue Influence or Fraud Under Section 16 of the Indian Contract Act, 1872....

The appellant, Shivakumar, was the plaintiff in O.S.No.2108/2006 before the II Additional Senior Civil Judge, Bangalore Rural District, seeking cancellation of a sale deed dated 01.08.2006 (registered...

© Image Copyrights Juris Services & Technology

High Court Dismisses Review Petition in Property Dispute Over Will — No Error Apparent on Face of Record. Review under Section 114 CPC read with Order 47 Rule 1 CPC cannot be used to re-argue the case or correct erroneous findings unless there is an error apparent on the face of the record....

The applicants (original appellants) filed a review application under Section 114 read with Order 47 Rule 1 of the Code of Civil Procedure, 1908, seeking review of a judgment dated 28/4/2008 passed by...

© Image Copyrights Juris Services & Technology

Bombay High Court Allows Subsequent Purchaser to Join as Plaintiff Despite Lis Pendens — Order I Rule 10(2) CPC Not Barred by Section 52 of Transfer of Property Act. Transfer pendente lite does not preclude joinder of subsequent purchaser for effective adjudication of suit....

The petitioner, Yogesh s/o Balaji Misar, filed a writ petition challenging the order dated 20-11-2012 passed by the Civil Judge (Jr.Dn.), Bramhapuri, in Regular Civil Suit No.59 of 2010. The trial cou...

© Image Copyrights Juris Services & Technology

High Court of Bombay at Goa Allows Appeal in Motor Accident Claim — Negligence of Driver of Truck GA-01-W-6099 Established. Claimant's Truck Tanker Carrying Diesel Was Dashed by Two Trucks, Resulting in Total Loss of Diesel; Tribunal Erred in Dismissing Petition on Ground of Non-Joinder of Necessary Party....

The appellant, Bhukant Prabhu, a transport contractor, filed a claim petition before the Motor Accidents Claims Tribunal, South Goa, Margao, seeking compensation for the loss of 12,000 litres of diese...

© Image Copyrights Juris Services & Technology

Special Court Convicts Broker and Beneficiaries in BMC Bank Securities Fraud; Acquits Employees and Other Brokers. Broker Held Liable for Dishonest Receipt of Stolen Property Under Section 411 IPC, While Beneficiaries Convicted of Cheating Under Section 420 IPC....

The case involved a criminal trial before the Special Court under the Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992, arising from allegations of diversion of funds...

© Image Copyrights Juris Services & Technology

Bombay High Court Grants Leave Under Clause XIV Letters Patent to Combine Passing Off with Infringement Cause of Action to Avoid Multiplicity of Proceedings. The court held that once jurisdiction over infringement is established, leave to combine passing off claim should be granted to avoid multiplicity of proceedings....

The Plaintiffs, UltraTech Cement Limited and Another, filed a suit for infringement of their registered trademarks, including 'UltraTech Cement', and for passing off against the Defendants, Shree Bala...