High Court

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Upholds Conviction and Death Sentence in POCSO Case Due to Credibl...
Supreme Court Dismisses Appeal Against High Court's Reversal of Trial Court's De...

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High Court

Bombay High Court Allows Appeal of Claimant Parents in Railway Accident Compensation Case Due to Erroneous Rejection of Bona Fide Passenger Status. Deceased's fall from moving local train between Mankhurd and Vashi railway stations held untoward incident under Sections 123 and 124A of Railways Act, 1989, and mere absence of ticket in inquest panchnama not sufficient to negate bona fide passenger claim....

The litigation arose from a claim for compensation under the Railways Act, 1989 following the death of a twenty-year-old passenger who allegedly fell from a moving local train between Mankhurd and Vas...

High Court

High Court of Judicature at Bombay, Aurangabad Bench Examined a Writ Petition Challenging Rejection of Section 28-A Application Under Land Acquisition Act, 1894. The Court Considered Whether a Landowner Who Had Exhausted Section 18 Reference Remedy Could Seek Re-determination of Compensation Based on a Co-villager's Enhanced Award....

The petitioner was the owner of land admeasuring 1 Hectare 1 R bearing Survey No.148/2 at Village Sastur, Taluka Omerga, District Osmanabad (now Dharashiv). The land was acquired for rehabilitation of...

High Court

Bombay High Court Partly Allows Writ Petition Against Trial Court Order Rejecting Application to Direct Defendants to Argue First in Civil Suit. Order XVIII Rule 2 of Code of Civil Procedure, 1908 Is Directory, Uses 'May', and Confers No Right on a Party to Insist That the Opposite Party Address the Court First; Trial Court Must Exercise Discretion Judiciously on Remand....

The matter arose from a writ petition filed before the High Court of Judicature at Bombay, Bench at Aurangabad, challenging an interlocutory order passed by the Civil Judge Senior Division, Shrirampur...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Rejection of Plaint Amendment in Permanent Injunction Suit — Amendment Sought After Trial Commenced Held Barred by Proviso to Order VI Rule 17 CPC. The court upheld the trial court's order rejecting the amendment application filed after the commencement of trial, as the plaintiff failed to show due diligence and the amendment was sought after a lapse of nearly 5 years....

The petitioner, who was the plaintiff in O.S. No. 1102 of 2017 before the II Additional Civil Judge, Bengaluru Rural, filed a writ petition under Article 227 of the Constitution of India challenging a...

High Court

Karnataka High Court Dismisses Plaintiff’s Writ Petition Challenging Trial Court’s Rejection of Partial Decree Application Under Order XII Rule 6 CPC — Admissions Relied Upon Not Clear and Unconditional. Order XII Rule 6 of Code of Civil Procedure, 1908 Requires Admission to Be Clear and Unequivocal, and Partial Judgment Cannot Be Passed When Core Suit for Specific Performance Is Yet to Be Decided....

The dispute arose from two agreements of sale dated 26-10-2007 executed between the petitioner (plaintiff) and the first respondent (defendant) for the purchase of 36 acres of land in Anekal Taluk at ...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Rejection of Application for Adverse Inference and Denial of Cross-Examination in Commercial Suit. Trial Court's Discretion Upheld as No Perversity or Arbitrariness Shown Under Article 227 of Constitution of India....

The petitioner, Sivagami N., was the first defendant in a commercial suit (Com.OS 64/2022) pending before the LXXXV Additional City Civil and Sessions Judge, Bengaluru. The suit was filed by the respo...

High Court

High Court of Karnataka Dismisses State's Appeal Against Arbitral Award in Construction Contract Dispute — Upholds Commercial Court's Refusal to Set Aside Award Under Section 34 of A&C Act. The Court held that the challenge to the arbitral award on grounds of patent illegality and public policy failed as the arbitrator's interpretation of contract clauses was plausible and not perverse....

The appellant, the State Project Director of Rashtriya Madhyamika Shikshana Abhiyana, invited tenders for construction of model schools and upgrading existing government high schools in 30 districts o...

High Court

High Court of Karnataka Allows Civil Revision Petition in Suit Dismissal Dispute — Rejects Trial Court's Refusal to Permit Withdrawal of Suit as Not Pressed. Plaintiff's right to withdraw suit under Order XXIII Rule 1 CPC upheld; mere filing of written statement or framing of issues does not bar withdrawal....

The plaintiff, since deceased represented by her legal representatives, filed a Civil Revision Petition under Section 115 of the Code of Civil Procedure, 1908, challenging an order dated 21.03.2024 pa...

High Court

High Court of Karnataka Quashes FIR Against Contract Driver in Corruption Case — No Demand of Bribe by Non-Public Servant. Petitioner, a contract driver of BESCOM, was not a public servant under Section 7(a) of Prevention of Corruption Act, 1988, and no demand of bribe was made by him....

The petitioner, Mr. Murali Krishna R., was a contract driver employed at the BESCOM Corporate Office in Bengaluru. He was arraigned as accused No.2 in Crime No.53/2023 registered by the Karnataka Loka...

High Court

High Court of Karnataka Allows Decree-Holder's Petition Under Article 227 in Execution Proceedings — Order XXI Rule 41 CPC Mandates Judgment-Debtor to File Affidavit of Assets. The Court held that the Commercial Court erred in dismissing the application for asset disclosure without considering the mandatory nature of Order XXI Rule 41 CPC....

The petitioner, Ms. Sumita Abhishek Sundaram, is the decree-holder in a commercial execution proceeding (Com. Ex. 541 of 2024) pending before the LXXXIII Additional City Civil and Sessions Judge, Comm...

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High Court

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High Court of Karnataka Dismisses Writ Petition Challenging Rejection of Application for Adverse Inference and Denial of Cross-Examination in Commercial Suit. Trial Court's Discretion Upheld as No Perversity or Arbitrariness Shown Under Article 227 of Constitution of India....

High Court of Karnataka Quashes FIR Against Contract Driver in Corruption Case — No Demand of Bribe by Non-Public Servant. Petitioner, a contract driver of BESCOM, was not a public servant under Section 7(a) of Prevention of Corruption Act, 1988, and no demand of bribe was made by him....

Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensation Cases,...

Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Dispute — Upho...

Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Suit for Spec...

High Court of Judicature at Bombay Upholds Developer's Challenge to Arbitration Award — ...

High Court Quashes School Tribunal's Order on Employee Reinstatement Due to Procedural Irr...

Supreme Court Upholds Conviction and Death Sentence in POCSO Case Due to Credible Testimon...

Supreme Court Dismisses Appeal Against High Court's Reversal of Trial Court's Decree on Wi...

Supreme Court Sets Aside High Court Order on Temple Property Gift — Affirms State's Cust...

Supreme Court Dismisses Appeal Against Charge Framing in Corruption Case — Upholds High ...

Supreme Court Upholds Removal of Deputy Registrar in University Disciplinary Proceedings D...