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High Court of Bombay at Goa Quashes Charges Under SC/ST Act for Lack of Public View Element in Caste-Based Insult Allegation. Offence under Section 3(1)(x) of SC & ST (Prevention of Atrocities) Act, 1989 requires insult to be in public view, which was absent as incident occurred inside a house.

This judgment arises from a criminal revision application filed by three applicants (original accused) challenging an order dated 07/09/2015 passed by...

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Bombay High Court Grants Probate of Will in Favor of Executor Despite Allegations of Suspicious Circumstances. Will executed by testatrix with firm signature and solicitor-drafted formality upheld as valid under Section 63 of Indian Succession Act, 1925.

The plaintiff, Chittaranjan N. Negandhi, sought probate of a Will dated 24th May 1973 left by his mother, Bhanumati Narottamdas Chapsi. Bhanumati died...

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Bombay High Court Dismisses Petition Challenging Maintainability of Appeal by Widow Under Section 9 of MEPS Act. Widow of Dismissed Employee Can Maintain Appeal as Right Survives to Legal Representative for Service and Monetary Claims.

The petitioners, Yogeshwari Shikshan Sanstha and Swami Ramanand Tirth College, challenged an order of the School Tribunal, Aurangabad, dated 15.1.2016...

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Bombay High Court Upholds Interim Injunction in Trade Mark Infringement Suit — 'SUPER MOR CHHAP' Held Deceptively Similar to 'MOR CHHAP'. Registration and Prior Use of 'MOR CHHAP' for Lime Plaster Entitled Plaintiff to Protection Under Trade and Merchandise Act, 1958.

The plaintiff, Sunil Manikchand Kasliwal, filed a suit for trade mark infringement against the defendant, Rahul Uttam Suryavanshi, alleging that the d...

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Bombay High Court Allows Writ Petition Challenging Industrial Court's Reversal of Labour Court's Part-I Judgment on Enquiry Fairness. Enquiry Officer Cannot Be Examined as Witness by Management to Prove Fairness of Domestic Enquiry.

The petitioner, Baba Pandit Ghodake, challenged his termination dated 13/12/2010 w.e.f. 15/12/2010 by the respondent society, Pargaon Sudrik Vividh Ka...

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Gujarat High Court Dismisses Appeal of Legal Heir in Trust Property Dispute. Claim of Ownership and Adverse Possession Fails as Land Registered as Trust Property Under Gujarat Public Charitable Trust Act, 1950.

The appellant, Niteshbhai Bhanjibhai Khetiya, filed a first appeal under Section 96 of the Code of Civil Procedure, 1908 read with Section 72(4) of th...

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High Court Dismisses Appeal Under Section 37 of Arbitration Act, Upholds Arbitral Award and District Court Order in Partnership Dispute. Court holds that findings of fact by arbitrator are not open to reappreciation under Section 34 unless perverse or contrary to public policy.

The appellants, M. Mallikarjuna and Smt. Rajeshwari Mallikarjuna, filed an appeal under Section 37(1)(c) of the Arbitration and Conciliation Act, 1996...

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High Court of Karnataka Allows Amendment of Plaint in Suit for Declaration and Injunction — Order VI Rule 17 CPC Amendment Permitted to Clarify Title and Boundaries. Pre-trial amendment allowed liberally as it did not change nature of suit and was necessary to determine real controversy between parties.

The petitioner, Syed Shakeel Ahamed, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 21.11.20...

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High Court of Karnataka Quashes FIR in Assault Case Due to Lack of Prima Facie Evidence and Civil Nature of Dispute. FIR under Sections 323, 324, 341, 427, 504, 506 IPC quashed as allegations were vague and the dispute was civil.

The petitioners, C. Ganesh Narayan and Vidya Nataraj, filed a writ petition under Articles 226 and 227 of the Constitution of India read with Section ...