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High Court of Karnataka Dismisses Appeal in Partition Suit — Upholds Trial Court's Decree for Partition and Separate Possession. Court holds that a co-owner in possession of joint family property cannot claim adverse possession against other co-owners without ouster or denial of title....

The appellants, who are the sons and daughter of late M.C.Someshwar, filed a Regular First Appeal against the judgment and decree dated 30.11.2016 passed by the Senior Civil Judge and JMFC, Mysuru, in...

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Bombay High Court Acquits Accused in POCSO Case Due to Lack of Foundational Facts and Unreliable Evidence. Presumption under Section 29 of POCSO Act cannot be invoked without prosecution first proving foundational facts beyond reasonable doubt....

The case involves an appeal against the conviction of Vijay Manoharrao Jawanjal under Section 376AB of the Indian Penal Code and Section 6 of the Protection of Children from Sexual Offences Act, 2012 ...

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Bombay High Court Sets Aside Insurance Ombudsman Award for Non-Compliance with Rule 17 and Ignoring Policy Terms. Ombudsman directed insurer to process claim without determining compensation or considering policy exclusions for medical expenses incurred in India....

The petitioner, Tata AIG General Insurance Co. Ltd., challenged an award dated 4 March 2024 passed by the Insurance Ombudsman for Mumbai. The respondent insured had purchased an Overseas Travel Insura...

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Bombay High Court Dismisses Customs Appeal Upholding CESTAT Order Expunging Policy Condition for Provisional Release of Imported Vehicle. Policy condition requiring testing by VRDE/ARAI held redundant when vehicle is already registered under Motor Vehicles Act, 1988....

The case involves an appeal by the Commissioner of Customs against an order of the Customs Excise and Service Tax Appellate Tribunal (CESTAT) which allowed the respondent's appeal and expunged a polic...

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High Court Upholds Validity of Tax on Entry of Goods. Chowgule and Company’s Challenge Against the Goa Tax on Entry of Goods (Amendment) Rules, 2023, Dismissed...

The Goa Bench of the Bombay High Court examined the validity of the Goa Tax on Entry of Goods (Amendment) Rules, 2023. The petitioner, Chowgule and Company, argued that the amendment imposed an unfair...

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Bombay High Court Upholds Conviction for Rash Driving Causing Death but Grants Probation to Young Offender. Concurrent findings of guilt under Section 304-A IPC and Motor Vehicles Act not perverse; benefit of Probation of Offenders Act extended considering age and first-time offence....

The petitioner, who was 18 years old at the time of the incident, was convicted by the Judicial Magistrate First Class, Aurangabad, for offences under Section 304-A of the Indian Penal Code and variou...

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Bombay High Court Acquits Accused in POCSO Case Due to Inconsistent Testimony and Lack of Corroboration. Conviction under Sections 376(2)(i) and 452 IPC and Section 4 POCSO Act set aside as victim's evidence found untrustworthy and medical evidence inconclusive....

The case involves an appeal against the conviction of Kishore Vitthalrao Shendre for offences under Sections 376(2)(i) and 452 of the Indian Penal Code, 1860 and Section 4 of the Protection of Childre...

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Bombay High Court Dismisses Contempt Petition for Lack of Willful Disobedience in IP Infringement Case. Court finds that the alleged new label/trade dress of the respondents was not identical or deceptively similar to the petitioner's FEVICOL MR artistic work, bottle, and glue pens, and thus did not violate the consent decree....

The petitioner, Pidilite Industries Ltd., filed a contempt petition against the respondents, Premier Stationery Industries Pvt. Ltd. and others, alleging willful disobedience of a consent decree dated...

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Bombay High Court Dismisses Petition Challenging Dismissal of Watchman for Misconduct in University College. Enquiry Found Fair and Proper Under Standard Code Rules, 1984; No Perversity in Tribunal's Findings....

The petitioner, Mallinath Vithal Vathakar, was appointed as a watchman (Class IV) in Sree Narayan Guru College of Commerce on 19 October 1996 and later confirmed. On 19 June 2003, he was given the pos...

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Bombay High Court Sets Aside Order Striking Off Defence in Easement Suit — Inquiry Required Before Penalty Under Order XXXIX Rule 2A CPC. The court held that striking off defence is a harsh order and can only be passed after an inquiry establishing wilful disobedience of an injunction order....

The appellants, original defendants in a suit for easementary rights, challenged an order of the Civil Judge, Senior Division, Quepem dated 16.9.2020, which struck off their defence under Order XXXIX ...