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Gujarat High Court Upholds Acquittal in Murder Case Due to Unreliable Witnesses and Lack of Motive. Conviction under Sections 302, 326, 323, 324, 114 IPC and Section 135 Gujarat Police Act set aside as prosecution failed to prove guilt beyond reasonable doubt.

The State of Gujarat filed an appeal under Section 378 of the Code of Criminal Procedure, 1973 against the judgment and order of acquittal dated 31.08...

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Gujarat High Court Dismisses State Appeal Against Acquittal in Murder Case Due to Unreliable Witnesses and Lack of Motive. The Trial Court's finding that the prosecution failed to prove guilt beyond reasonable doubt was not perverse, and the High Court declined to interfere under Section 378 CrPC.

The State of Gujarat filed an appeal under Section 378 of the Code of Criminal Procedure, 1973, against the judgment and order of acquittal dated 31.0...

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Bombay High Court Dismisses Petition Challenging Arbitral Award Based on Unilateral Appointment of Arbitrator. Unilateral Appointment Does Not Violate Section 12(5) Read with Seventh Schedule When Arbitrator Not Disqualified and Objection Waived by Participation.

The petitioners, Hanuman Motors Pvt. Ltd. and another, challenged an arbitral award passed by a sole arbitrator appointed by the respondent, M/s. Tata...

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High Court of Bombay at Goa Dismisses Writ Petition Challenging Electricity Duty on Captive Consumption — Industrial Consumers Not Entitled to Exemption Under Section 3(1)(b) of Goa Electricity Duty Act, 1985 as Self-Generated Electricity Not Supplied by Licensee or Generating Company.

The petitioners, a group of industrial companies and their directors, filed a writ petition under Article 226 of the Constitution of India before the ...

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Supreme Court Allows Suit Based on Adverse Possession — Overrules Earlier View That Adverse Possession Can Only Be Used as Shield. Plaintiff Who Has Perfected Title by Adverse Possession Can Sue for Declaration and Protection or Recovery of Possession.

The Supreme Court addressed the question whether a person claiming title by adverse possession can maintain a suit for declaration of title and for pr...

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Bombay High Court Upholds Life Conviction for Murder Under Section 302 IPC, Acquits Co-Accused for Lack of Common Intention. Conviction based on credible eyewitness testimony and medical evidence; acquittal of others due to absence of proof of common object under Section 149 IPC.

The case involves three appeals arising from a single judgment of the trial court. The appellant Ishwar Baliram Hude was convicted under Sections 302 ...

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Bombay High Court Allows Enforcement of Foreign Arbitral Award in Favour of Decree-Holder Against Judgment-Debtors. Court Rejects Objections Under Section 48 of Arbitration and Conciliation Act, 1996 Including Public Policy, Non-Arbitrability, Fraud, Limitation, and Res Judicata.

The applicant, Integrated Sales Services Limited, a Hong Kong-based company, obtained a foreign arbitral award dated 28 March 2010 from an Internation...

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Bombay High Court Dismisses Petition Seeking Review Committee for MCOCA Cases — No Statutory Basis for Review Committee Under MCOCA. Court held that MCOCA does not provide for a Review Committee and directions given in Kartar Singh for TADA cannot be imported into MCOCA.

The petitioner, Vijay Anant Vashirde, was an accused in MCOC Special Case No.6 of 2009 under the Maharashtra Control of Organized Crime Act, 1999 (MCO...