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Bombay High Court Quashes FIR in SC/ST Atrocities Case for Lack of Public View and Mens Rea. Alleged Caste-Based Insults Made in Private Office Not in Public View Under Section 3(1)(x) of SC & ST (Prevention of Atrocities) Act, 1989.

The judgment concerns two criminal applications filed under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of the same First In...

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Bombay High Court Allows Petition to Strike Issue of Mundkar Rights in Civil Suit — Lack of Specific Pleadings. Issue framed on vague allegations without particulars of occupation under Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975 cannot be sustained.

The petitioner, Shri Mahableshwar Pandurang Halankar, filed a writ petition challenging an order dated 30.06.2008 passed by the Civil Judge, Senior Di...

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High Court of Bombay Quashes Lok Adalat Award Against Insurance Company in Motor Accident Claim — Consent Given Without Proper Verification. Act Only Policy Does Not Cover Occupant of Vehicle, and Lok Adalat Award Based on Misunderstanding of Advocate's Presence is Set Aside.

The petitioner, United India Insurance Co. Ltd., filed a writ petition challenging the Lok Adalat award dated 3.3.2013 in Motor Accident Claim Petitio...

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Bombay High Court Allows Writ Petition of Tendu Leaves Contractors Association for Exemption from TCS under Section 206C(1A) of Income Tax Act, 1961. Contractors engaged in trading of forest produce are not liable to tax collection at source as they are not 'buyers' under the provision.

The petitioner, Gondia Beedi Leaves Contractors Association, representing contractors of Tendu leaves (a forest produce), filed a writ petition before...

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Bombay High Court Quashes Appointment of Special Public Prosecutor in Dowry Death Case Due to Lack of Consent from Accused. Appointment under Section 24(8) CrPC Requires Consent of Accused or Victim, Not Third Party Complainant.

The petitioners, Omprakash Baheti and others, are accused in Sessions Trial No. 464/2005 pending before the 6th Adhoc Additional Sessions Judge, Nagpu...

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Bombay High Court Quashes Preventive Detention Order Under COFEPOSA Act for Non-Application of Mind and Mechanical Exercise of Power. Detenu's Right to Make Representation Under Article 22(5) of Constitution Was Frustrated by Delayed Consideration and Failure to Supply Relevant Documents.

The petitioner, a friend of the detenu Mavin Keezhil Mohamed Aslam, filed a writ of habeas corpus under Article 226 of the Constitution challenging th...

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Bombay High Court Allows Appeal Under Section 37 of Arbitration Act, Restores Arbitral Award in Favour of Claimant. Court Holds That Single Judge Erred in Reappreciating Evidence and Interfering with Arbitrator's Findings on Quantum and Interest.

The case involves an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, filed by Paramount Limited (appellant) against the judgmen...

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Supreme Court Upholds Women Army Officers' Right to Permanent Commission in Landmark Gender Equality Judgment. Court holds that women SSC officers are entitled to PC at par with male counterparts, rejecting discriminatory service conditions.

The case concerns a batch of appeals filed by the Ministry of Defence against a Delhi High Court judgment directing the grant of Permanent Commission ...

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High Court of Karnataka Dismisses Appeal Against Money Recovery Decree, Upholds Use of Photocopy Agreement as Secondary Evidence. Where Defendant Took Original Agreement to Procure Signatures and Did Not Return It, Photocopy Held Admissible Under Section 65, Indian Evidence Act, 1872.

The appeal arose from a suit for recovery of money decreed by the trial court. The plaintiff alleged that the defendants, representing themselves as o...