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Supreme Court Allows Appeal in Waqf Act Jurisdiction Dispute Regarding Suit for Permanent Injunction. Civil Court Jurisdiction for Injunction Suits Involving Waqf Property is Not Barred Under Section 85 of Waqf Act, 1995 When Dispute Does Not Involve Questions About Nature of Property.

The dispute originated from a suit filed by the plaintiff (first respondent) against the defendant (appellant) and others for mandatory and permanent ...

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Bombay High Court Acquits Doctor in Medical Negligence Case Due to Lack of Gross Negligence. Death During Surgery Not Sufficient for Criminal Liability Under Section 304A IPC Without Proof of Recklessness.

The case arises from the death of Prakash Parekh, a young man who underwent a surgical procedure performed by Dr. Anil Pinto on 20/02/1984. The compla...

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Bombay High Court Dismisses Section 34 Challenge to MSME Facilitation Council Awards Against National Textile Corporation. Awards Upheld as Facilitation Council Had Jurisdiction Under MSMED Act and Awards Not Patently Illegal.

The petitioner, National Textile Corporation Ltd., filed two petitions under Section 34 of the Arbitration and Conciliation Act, 1996, challenging awa...

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Bombay High Court Dismisses Appeal Against Temporary Injunction in Trademark Infringement Suit. Phonetic similarity between 'PLAXO' and 'PLASTO' held sufficient to grant injunction under Trade Marks Act, 1999.

The present appeal arises from an order dated 15/02/2018 passed by the learned District Judge-8, Nagpur, allowing an application for temporary injunct...

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Bombay High Court Holds That Power Under Section 60 of Maharashtra Police Act, 1951 Is Quasi-Judicial and Requires Speaking Orders. The appellate authority must assign reasons while disposing of appeals under Section 60 of the Maharashtra Police Act, 1951.

The case arose from a reference made by a Division Bench of the Bombay High Court (Coram: Nitin Jamdar & Sarang V. Kotwal, JJ.) which did not agree wi...

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Bombay High Court Allows Appeal in Motor Accident Claim — Negligence of ST Bus Driver Established. Compensation Enhanced from Rs. 1,08,000 to Rs. 3,24,000 with 6% Interest.

The appellants, being the parents and minor brother of the deceased Jakir Tamboli, filed a claim for compensation under the Motor Vehicles Act, 1988, ...

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Bombay High Court Dismisses Writ Petition Challenging Rejection of Intervention Application in Section 34 Arbitration Proceedings. Third Party Cannot Intervene in Section 34 Application Under Arbitration and Conciliation Act, 1996 as It Is a Summary Proceeding Between Award Debtor and Award Holder Only.

The petitioner, Luxury Lifeline, filed a writ petition challenging an order dated 18/12/2017 passed by the Principal District Judge, Nagpur, rejecting...

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Bombay High Court Allows Writ Petitions Against Industrial Court Order in Unfair Labour Practice Case — Limitation Period for Filing Complaint Under MRTU & PULP Act, 1971 Is Not Barred by Delay When Cause of Action Is Continuing.

The judgment involves two writ petitions arising from an order of the Industrial Court, Aurangabad, in Revision ULP No.70/2015. The petitioner in WP 1...

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Bombay High Court Upholds Reinstatement of Employee Dismissed for Theft of Drill Bits - Labour Court Award of Full Back Wages Restored. Employer's Disciplinary Proceedings Found Vitiated Due to Denial of Fair Opportunity and Non-Examination of Key Witnesses.

The appellant, Mahindra & Mahindra Limited, challenged the judgment of a learned Single Judge of the Bombay High Court which dismissed its writ petiti...