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Bombay High Court Upholds Compensation Award in Motor Accident Case — Insurance Company Liable for Negligent Parking of Vehicle. Truck parked without indication on highway causing accident; insurer held jointly liable with owner for compensation under Motor Vehicles Act, 1988.

The case arises from a motor accident that occurred on 13th March 2009, when the respondent no.1, a minor aged 10 years, was traveling in a Tata Magic...

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Bombay High Court Dismisses Plaintiff's Claim for Short-Landed Cargo Due to Lack of Evidence and Limitation. The court held that the plaintiff failed to prove that the consignment was loaded on board the vessel and that the suit was barred by limitation under the Indian Carriage of Goods by Sea Act, 1925.

The plaintiff, Wallace Pharmaceuticals Pvt. Ltd., filed a suit for recovery of US$154,000 representing the CIF value of 40 drums of Lincomycin HCL BP ...

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Bombay High Court Dismisses Employer's Writ Petitions Challenging Rejection of Intervention in Industrial Dispute. Petitioners Not Necessary Parties Under Bombay Industrial Relations Act, 1946.

The case involves two writ petitions filed by Empress Mills, a unit of Maharashtra State Textile Corporation Limited, challenging orders passed in B.I...

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Bombay High Court Grants Permanent Injunction in Trademark Infringement Suit: Sun Pharma's 'SUN' Mark Protected Against 'ABSUN'. Deceptive similarity established as dominant feature 'SUN' is common; addition of prefix 'AB' insufficient to distinguish under Section 29(2)(b) of Trade Marks Act, 1999.

The plaintiff, Sun Pharmaceutical Industries Ltd., filed a suit seeking a permanent injunction to restrain the defendant, Satej M. Katekar, proprietor...

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High Court of Karnataka Dismisses Petition to Cancel Bail in Cheating Case — No Misuse of Bail or Violation of Conditions Established. Section 439(2) Cr.P.C. requires strong grounds for cancellation; mere disagreement with trial court's reasoning insufficient.

The petitioner, Smt. Lalitha, filed a criminal petition under Section 439(2) of the Code of Criminal Procedure, 1973 (Cr.P.C.) before the High Court o...

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Bombay High Court Allows Second Appeal in Specific Performance Suit — Holds That Payments Made to Authorized Representatives of Partnership Firm Are Valid Under Contract Act. Burden of Proof Shifts to Defendants When Plaintiff Proves Payment to Persons Held Out as Authorized in Brochure.

The case involves a second appeal filed by the original plaintiff, Mr. Sharad Prabhudas, against the judgment of the First Appellate Court which rever...

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Bombay High Court Examines Validity of Notification Exempting Light Motor Vehicles and MSRTC Buses from Toll on Sion-Panvel Highway. Dispute Arises from Concession Agreement Where Petitioner Alleges Arbitrary Exemptions Cause Substantial Daily Revenue Loss and Contradicts Terms of Agreement.

The dispute arose from a concession agreement for widening and maintaining an arterial highway from Mumbai to Panvel, awarded to M/s Sion Panvel Tollw...

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Bombay High Court Hears Suit for Specific Performance of Contract for Sale of Property at Bandra, Mumbai. Contractual Dispute Centers on Vendor's Obligation to Provide Vacant Possession and Marketable Title, and Validity of Sale of Minor's Share Without Court Permission.

Background: The suit pertains to a contract for sale of freehold land and structure at Bandra, Mumbai, entered into on 26 June 1993 between the plaint...

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Bombay High Court Dismisses Petitions Challenging Recall of Witnesses Under Section 311 CrPC in Cheque Dishonour Case. Recall Allowed as No Prejudice to Accused and Opportunity for Cross-Examination Preserved Under Section 138 Negotiable Instruments Act, 1881.

The judgment pertains to two criminal writ petitions filed by the accused (Ketan Krishnakant Amin and M/s. Ketan Marketing) challenging an order dated...