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Bombay High Court Allows Appeal in Motor Accident Claim Case Due to Non-Application of Mind by Tribunal — Tribunal Failed to Consider Evidence and Wrongly Dismissed Claim Petition for Want of Proof of Negligence.

The appellants, being the children and mother of the deceased Mahebub Chand Shaikh, filed a claim petition under Section 166 of the Motor Vehicles Act...

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Bombay High Court Dismisses Review Application in Student Attendance Dispute — No Error Apparent on Record. Review jurisdiction under Order XLVII CPC not available to re-agitate merits where examination already concluded.

The applicant, Ankita Jagannath Sonawale, a post-graduate law student at Maharashtra National Law University, Chhatrapati Sambhajinagar, was disallowe...

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High Court of Karnataka Quashes FIR Against Public Servant in Lokayukta Case for Lack of Sanction Under Section 19 of Prevention of Corruption Act, 1988. Criminal proceedings initiated without prior sanction from competent authority are void ab initio and cannot be sustained.

The petitioner, Mr. Thimmaiah, was arrayed as accused No.1 in Crime No.80/2015 registered by the Lokayukta Police, Bangalore Urban Division, for offen...

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High Court of Karnataka Dismisses BDA's Appeal in Property Injunction Suit — Upholds Trial Court's Finding of No Prima Facie Title. BDA Failed to Establish Ownership Over Suit Property as Revenue Records Showed Private Ownership, and No Acquisition Proceedings Were Proven.

The judgment arises from two connected Regular First Appeals filed under Section 96 of the Code of Civil Procedure, 1908, against the judgment and dec...

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High Court of Karnataka Allows DNA Test in Partition Suit to Determine Paternity Under Order 26 Rule 10-A CPC. The court upheld the appellate court's order for DNA testing to establish the relationship between the parties in a partition suit.

The petitioner, Sri Hanumappa, filed a writ petition challenging an order dated 13.1.2014 passed by the Senior Civil Judge at Hiriyur in R.A.No.11/201...

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Supreme Court Upholds High Court Decision That Appellate Tribunal Has Implied Power to Stay Penalty Recovery Pending Appeal. Section 254 Income-tax Act's Appellate Jurisdiction Includes Incidental Power to Grant Stay to Prevent Frustration of Appeal.

The matter arose from penalty proceedings under the Income-tax Act, 1961. The Income Tax Officer imposed penalties on the assessee, M.K. Mohammed Kunh...

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Supreme Court Examines Whether Election Petition Against President Merits Regular Trial. Petitioner Raises Office of Profit Disqualification Under Article 58(2) as Chairman of Indian Statistical Institute.

The petitioner, a candidate in the Presidential elections held on 19 July 2012, challenged the election of the respondent to the office of President o...

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High Court of Karnataka Hears Consolidated Writ Petitions Challenging Forest Development Tax Notification Under Karnataka Forest Act. Petitioners Contended That the Levy on Mineral-Bearing Land Violated Article 246, Entry 54 of Union List, and Forest Conservation Act, 1980.

The High Court of Karnataka, Bengaluru, heard a batch of writ petitions filed under Articles 226 and 227 of the Constitution of India by several minin...

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High Court of Karnataka Examines Validity of Notification Imposing Forest Development Tax under Karnataka Forest Act, 1963 — Multiple Mining Companies Challenge the Levy as Ultra Vires the Constitution and Forest Laws.

The matter involved a batch of writ petitions filed before the High Court of Karnataka by various mining companies, individuals, and an industry assoc...