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High Court of Bombay Determines Fair Compensation in Appeal Against Enhanced Award Under Land Acquisition Act, 1894. Cross-Objections Seeking Higher Rate Considered Alongside State's Challenge to Reference Court's Award of Rs.1,500 per sq.m.

The State of Maharashtra acquired land in Village Padghe, Taluka Panvel, District Raigad, for the New Bombay Project under the Land Acquisition Act, 1...

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High Court of Gujarat Dismisses/Allows Appeal in Motor Accident Claim—Decision Not Captured. Composite Negligence and Quantum of Compensation Under Section 166 of the Motor Vehicles Act, 1988 Were the Key Issues.

The matter involves an appeal and cross-objections arising from the judgment and award dated 14th August 2020 passed by the Motor Accident Claim Tribu...

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Supreme Court Upholds Death Penalty for Accused in Rape and Murder Case Based on Circumstantial Evidence. Conviction under Sections 302 and 376 IPC sustained as witness testimonies were trustworthy and chain of circumstances was complete, applying last seen theory and Section 106 Evidence Act.

The Supreme Court of India heard a criminal appeal by an accused convicted under Sections 302 and 376 of the Indian Penal Code, 1860, for the rape and...

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Bombay High Court Acquits Husband in Dowry Death Case Due to Unreliable Dying Declaration and Lack of Corroboration. Conviction under Sections 498-A and 302 IPC Set Aside as Dying Declaration Suffered from Inconsistencies and Was Not Corroborated by Medical Evidence or Other Witnesses.

The appellant, Haridas s/o Kundlik Pokale, was convicted by the learned Sessions Judge, Beed on 06.10.2015 for offences under Sections 498-A and 302 o...

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Bombay High Court Acquits Six Accused in Double Murder Case Due to Unreliable Testimony and Lack of Corroboration. Conviction Based Solely on Interested Witnesses and Improper Identification Fails to Establish Guilt Beyond Reasonable Doubt Under Sections 148, 302 r/w 149 IPC.

The case pertains to a double murder that occurred on 27 May 1996 at 8:30 PM in village Madhyal, Taluka Kagal, District Kolhapur. The appellants, orig...

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Bombay High Court Allows Appeal Against Recall of Commissioner Appointment in Commercial Suit — Coordinate Bench Cannot Recall Orders of Another Coordinate Bench Unless Per Incuriam. Order Appointing Commissioner Without Reasons Is Not Per Incuriam Under Order XVIII Rule 4 CPC.

The reference before the Division Bench arose from an order dated 4 July 2012 of a learned Single Judge (B.R. Gavai J.) in Suit No.550 of 2003. The su...

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KAHC010352992020_1

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Bombay High Court Dismisses Appeal Against BMC Demolition Notice for Unauthorized Construction. Notice under Section 351 of BMC Act, 1888 Held Valid as Plaintiff Failed to Prove Title or Authorization.

The appellant, Namdev Pandurang Panchal, filed a suit seeking a declaration that a notice dated 19.10.2001 under Section 351 of the Mumbai Municipal C...

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High Court of Bombay at Goa Allows Appeal in Cheque Dishonour Case — Presumption Under Section 139 NI Act Not Rebutted. Trial Court Erred in Not Framing Proper Points of Determination and Ignoring Legal Presumption in Favour of Complainant.

The appellant, original complainant Sunil Thukral, filed a criminal appeal against the judgment and order dated 19/01/2011 of the Judicial Magistrate ...