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High Court of Karnataka Allows Insurance Company's Appeals in Motor Accident Claims Cases — Reduces Compensation Due to Lack of Proof of Income and Negligence. Claimants failed to establish the income of the deceased and the negligence of the driver, leading to reduction of compensation awarded by the Tribunal....

The case involves multiple appeals filed by the Oriental Insurance Company Limited against the judgment and award of the Motor Accidents Claims Tribunal (MACT) in Bangalore. The Tribunal had awarded c...

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Bombay High Court Dismisses PIL Challenging Lease of Playground to Trust for School Construction. Lease of Public Land for Educational Purpose Held Valid as Playground Not Reserved as Recreational Ground in Development Plan....

The petitioners, residents of Oshiwara and Lokhandwala area of Mumbai, filed a Public Interest Litigation (PIL) on 13/08/2012 challenging the lease of a playground admeasuring 3850 sq. meters to respo...

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Bombay High Court Upholds Conviction for Double Murder and Attempt to Murder Based on Circumstantial Evidence. Motive and Conduct of Accused Establish Guilt Beyond Reasonable Doubt....

The appellant, Mohd. Jahir Puttan Khan, was convicted by the 7th Ad-Hoc Additional Sessions Judge, Sewree, Mumbai in Sessions Case No.307 of 2004 for the murder of his wife Mehnaz Istikhar Khan and mo...

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Bombay High Court Allows Appeals Under Section 37 of Arbitration Act, Restoring Arbitral Award in Shareholder Dispute. Court Holds That Single Judge Exceeded Jurisdiction Under Section 34 by Reappreciating Evidence and Substituting His Own View....

The case involves two appeals under Section 37 of the Arbitration and Conciliation Act, 1996, filed by M/s. Goldstar Metal Solutions Pvt. Ltd. and M/s. Vidharbh Mining Pvt. Ltd. against an order of a ...

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Bombay High Court Dismisses Petitions Challenging Rejection of Preliminary Issue on Limitation in Civil Suit — Limitation Issue Held to be Mixed Question of Law and Fact Not Triable Under Section 9A CPC...

The petitioners, who were defendants in Regular Civil Suit No.766 of 2012 pending before the Civil Judge, Senior Division, Panvel, challenged the common order dated 11/9/2012 rejecting their applicati...

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Karnataka High Court Allows Writ Appeal Against Dismissal of Maintainability Challenge in Termination Dispute. Institution Recognised by Indian Medical Council Act, 1956 is Excluded from Karnataka Education Act, 1983, Rendering Tribunal Proceedings Without Jurisdiction....

The appellant, Dakshin Bharath Hindi Prachar Sabha (Karnataka), an educational institution, filed a writ appeal against an order of a learned Single Judge dismissing their writ petition. The writ peti...

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High Court of Karnataka Quashes Commissioner's Clarification for Lack of Jurisdiction — Commissioner Cannot Invalidate Section 60 Advance Ruling Without Invoking Revisional or Appellate Powers Under KVAT Act....

The petitioner, M/s. Gras Impex Pvt. Ltd., a registered dealer under the Karnataka Value Added Tax Act, 2003 (KVAT Act), sought a clarification under Section 60 of the Act from the Authority for Clari...

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High Court of Karnataka Upholds Conviction Under Section 138 NI Act for Dishonour of Cheque Issued to Brother-in-Law, Reduces Sentence to Fine Only. Cheque Issued to Prevent Harassment of Sister Held Not Supported by Lawful Consideration, But Presumption Under Section 139 NI Act Not Rebutted....

The petitioner/accused, Smt. Shobhavathi, issued a cheque for Rs.50,000 in favour of the respondent/complainant, Dr. Krishnoji Rao, who is her brother-in-law. The cheque was dishonoured, leading to a ...

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High Court of Karnataka Upholds Conviction Under Section 138 NI Act for Dishonour of Cheque Issued to Brother-in-Law, Reduces Sentence to Fine and Compensation. Cheque Issued for Repayment of Loan for Business Purpose, Defence of Issuance to Prevent Harassment of Sister Not Believed....

The petitioner/accused, Smt. Shobhavathi, issued a cheque for Rs.50,000 to the respondent/complainant, Dr. Krishnoji Rao, who is her brother-in-law. The cheque was dishonoured, leading to a complaint ...

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Bombay High Court Upholds Conviction for Murder and Causing Disappearance of Evidence in Marital Dispute Case. Circumstantial evidence including last seen theory and recovery of axe at appellant's instance held sufficient to prove guilt under Sections 302 and 201 of IPC....

The appellant, Mallappa Chanappa Nidoni, was convicted by the Additional Sessions Judge, Sangli, for the murder of his wife Kalavati and for causing disappearance of evidence of the murder. The prosec...