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Bombay High Court Quashes Charges Against School Secretary and Coordinator Under POCSO Act for Failure to Report Sexual Offences — Lack of Knowledge of Offence Precludes Liability Under Section 21 POCSO Act and Section 75 JJ Act.

The case involves three criminal applications filed by Kishor Sureshchandra Darda (Secretary of Jawaharlal Darda Education Society) and Tasnim Jafaral...

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Bombay High Court Dismisses Petition of Bus Driver Challenging Dismissal for Negligence in Fatal Accident. Held that the Labour Court and Industrial Court correctly upheld dismissal based on proved misconduct of gross negligence under Standing Order 20(j) of the Bombay Industrial Relations Act, 1946.

The petitioner, Balu Namdevrao Mule, was employed as a bus driver with the BEST Undertaking since 1993. On 9 February 2003, while driving bus No. 6733...

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Bombay High Court Quashes Rejection of Section 264 Application in Income Tax Case — Holds Section 179(1) Order Against Legal Heirs Requires Proper Application of Mind. Revisional Authority Must Consider Merits and Not Reject Application Mechanically Under Section 264 of the Income Tax Act, 1961.

The petitioners, Manjula D. Rita and Bhavya D. Rita, are two of the four legal heirs of the deceased Dinesh Shamji Rita, who was a director of a compa...

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High Court of Bombay Allows Appeal in Railway Accident Case — Fall from Overcrowded Train Due to Sudden Jerk Constitutes Untoward Incident. Mother of Deceased Bonafide Passenger Entitled to Compensation Under Section 124-A of the Railways Act, 1989.

The appellant, Smt. Ratta wd/o Subhash Meshram, filed a claim before the Railway Claims Tribunal seeking compensation for the death of her son, Ravind...

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Bombay High Court Allows Appeal in Railway Accident Claim Case — Sets Aside Tribunal's Dismissal for Erroneous Application of Res Ipsa Loquitur. Parents and Minor Daughter of Deceased Passenger Who Fell from Train Entitled to Compensation Under Section 124A of Railways Act, 1989.

The appeal arises from a judgment of the Railway Claims Tribunal, Nagpur, dated 23 January 2019, dismissing the claim application filed by the appella...

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Bombay High Court Allows Appeal Against Railway Claims Tribunal Rejection of Compensation for Untoward Incident. Held that strict proof of boarding train is not required under Section 124-A of Railways Act, 1989 and the claimant's version must be accepted unless rebutted by strong evidence.

The appellant, Nitin Navindas Hundiwala, a 75-year-old consultant, filed a claim for compensation under Section 124-A of the Railways Act, 1989, read ...

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Bombay High Court Dismisses State Appeal in Swimming Pool Drowning Case — Acquittal Upheld for Lack of Proof of Rash or Negligent Act. Section 304A IPC requires direct causal link between a positive act of rashness or negligence and death; mere omission or lack of supervision not sufficient.

The State of Maharashtra appealed against the judgment and order dated 30.01.2009 passed by the Judicial Magistrate, First Class (Court No.8), Akola i...