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Bombay High Court Modifies Conviction from Culpable Homicide to Grievous Hurt in Fatal Assault Case — Common Intention Not Established for Murder. Single Blow on Head with Stick Does Not Attract Section 304(II) IPC as Knowledge of Likely Death Not Proved....

The appeal arises from a judgment of the Sessions Court, Satara, convicting the appellants (original accused nos. 1 and 2) for offences under Section 325 read with Section 34 and Section 304(II) read ...

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Bombay High Court Dismisses Petition for Interim Relief in Partnership Dispute — No Prima Facie Case for Appointment of Receiver or Injunction. Claim of sole heir to partnership assets fails as partnership deed provided for continuation of firm on death of partner, and petitioner's rights are subject to arbitration....

The petitioner, Fatima Correa, filed an Arbitration Petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking interim reliefs pending arbitration. She claimed to be the sole heir...

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Bombay High Court Dismisses Application for Appointment of Arbitrator in Partnership Dispute Due to Lack of Written Arbitration Agreement. Section 11 Application Under Arbitration and Conciliation Act, 1996 Fails as Alleged Partnership Deed of 1975 Not Produced and No Arbitration Clause Established....

The applicant, Yashvant Chunilal Mody, filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of a sole arbitrator to resolve disputes arising out of ...

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Bombay High Court Dismisses Appeal Against Arbitral Award in Demurrage Dispute — Engine Trouble Does Not Suspend Laytime Under Charterparty. Charterer's claim for exclusion of time due to vessel's engine problem rejected as laytime had already commenced and no exception clause applied....

The dispute arose from a Charterparty dated 15 November 2010 between Steel Authority of India Ltd. (charterer/appellant) and Pacific Gulf Shipping Co. Ltd. (owner/respondent) for the vessel m.v. Navio...

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Bombay High Court Upholds Life Imprisonment for Murder Under Section 302 IPC — Conviction Based on Eyewitness Testimony and Medical Evidence. The court affirmed that the appellant's act of hitting the deceased's head against a wall with intent to cause death constituted murder under Section 302 IPC....

The appellant, Umesh Suresh Vale, was convicted under Section 302 of the Indian Penal Code, 1860 (IPC) for the murder of Gautam Chandramani. The incident occurred on 16 May 2010 at about 6:30 p.m. in ...

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Bombay High Court Acquits Accused in Murder Case Due to Unreliable Dying Declaration and Lack of Corroboration. Conviction under Section 302 r.w. 34 IPC set aside as dying declaration was not recorded in proper form and prosecution failed to prove guilt beyond reasonable doubt....

The case involves two criminal appeals filed by original accused Nos. 1, 2, and 3 against their conviction under Section 302 read with Section 34 of the Indian Penal Code, 1860 (IPC) for the murder of...

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High Court of Karnataka Dismisses Employer's Challenge to EPF Damages Order — Delay and Lack of Jurisdictional Error. Petitioner failed to demonstrate any error in the order imposing damages under Section 14-B of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952, and the appeal was dismissed as time-barred....

The petitioner, M/s Kirloskar Electric Co Ltd, challenged an order dated 19.05.2004 passed by the Regional Provident Fund Commissioner imposing damages of Rs. 91,54,160/- under Section 14-B of the Emp...

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High Court of Karnataka Sets Aside Enhanced Compensation in Land Acquisition Case — Petitioner Corporation Challenges Award Enhancing Rate from Rs.17 to Rs.250 per sq.ft. Without Proper Evidence. The court held that enhancement of compensation must be based on reliable evidence and not on mere conjecture, and remanded the matter for fresh consideration....

The Karnataka Road Development Corporation Limited, a State Government undertaking established under the Indian Companies Act, 1956, filed a writ petition under Articles 226 and 227 of the Constitutio...

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High Court at Bombay Considers Challenge to Revised Guidelines for Grant of Offshore Exploration Licence. Petitioner Argues Notification Violates Section 35 of Offshore Areas Mineral (Development and Regulation) Act, 2002 and Article 14....

The writ petition was filed by Rare(H) Minerals Private Limited, a company engaged in prospecting and exploration, challenging the Notification (Revised Guidelines for Making Selection of Applicants f...

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High Court of Bombay at Goa Enhances Compensation for Widow in Motor Accident Claim — Multiplier Corrected from 12 to 15 and Future Prospects Added Under Motor Vehicles Act, 1988. The Court held that for a 33-year-old deceased, the correct multiplier is 15 and 50% future prospects must be added for self-employed persons....

The appellant, Mrs. Lila Agnes Fernandes alias Leena Mascarenhas, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, seeking compensation for the death of her husband, Jose Fran...