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Karnataka High Court Dismisses Writ Petition Challenging Lok Adalat Compromise Decree in Partition Suit: Third Party Not Permitted to Invoke Article 226 Against Lok Adalat Award. Writ Remedy Not Available to Strangers to Decree; Proper Recourse Is to File a Separate Suit for Declaration and Partition.

The writ petition was filed under Articles 226 and 227 of the Constitution of India by five individuals claiming to be members of the same family as t...

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Karnataka High Court Upholds Validity of Recruitment Rules for Civil Judges (Junior Division) — Direct Recruitment Process Upheld. Petitions challenging the selection and seniority dismissed as the Rules were held valid and the process fair.

The petitioners, who were candidates for direct recruitment as Civil Judges (Junior Division) in the Karnataka Judicial Service, challenged the validi...

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Bombay High Court Quashes Restraint Order Against Trust Secretary in Bombay Public Trusts Act Case — Interim Relief Granted Pending Change Report Decision. Court holds that newly elected body cannot assume office without acceptance of change under Section 41-A of Bombay Public Trusts Act, 1950.

The petitioner, Babanrao Jawade, was the Secretary of a trust and claimed to have been acting as such since 1985. The last elections to the trust were...

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Bombay High Court Allows Appeal in Motor Accident Claim Case — Finding of Contributory Negligence Set Aside Due to Lack of Evidence. Parents of deceased motorcyclist awarded full compensation of Rs.60,000 with interest as Tribunal's finding of contributory negligence was based on no evidence.

The appellants, parents of the deceased Shekhar Krishna Kalgutker, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, seeking c...

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High Court of Bombay Dismisses Insurance Company's Appeal in Motor Accident Claim — Insurer Failed to Prove Driver's Lack of Valid License. Insurer liable to pay compensation as burden of proof under Section 149(2) of Motor Vehicles Act, 1988 not discharged.

The case arises from a fatal motor accident that occurred on 30.11.1999 on Pune-Jejuri road, resulting in the death of Vinayak Laxman Katake. The clai...

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Bombay High Court Allows Discharge of Accused in Abetment of Suicide Case Due to Insufficient Evidence of Instigation. Vague Allegations in Suicide Note Without Proximate Link to Suicide Do Not Attract Section 306 IPC.

The judgment concerns two connected matters: a Criminal Writ Petition (No. 855 of 2013) and a Criminal Revision Application (No. 164 of 2013), both ar...

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Bombay High Court Dismisses Father's Petition Challenging Temporary Custody of 5-Year-Old Daughter to Mother. Mother is preferred custodian for female child of tender years under Section 6 of Hindu Minority and Guardianship Act, 1956, as welfare of child is paramount.

The case involves a custody dispute between a husband and wife over their 5-year-old daughter. The parties married on 07.09.2014 and had a female chil...

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High Court of Karnataka Quashes Criminal Proceedings Against Government Officer Due to Bar Under Civil Services Rules — Prosecution for Misappropriation of Funds Held Barred by Rule 214(3) and (6) of Karnataka Civil Services Rules, 1958 as Sanction Was Not Obtained.

The petitioner, a former Block Development Officer, was accused of misappropriating Rs.11,47,360/- during 2004-2005. An FIR was registered under Secti...

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Bombay High Court Quashes Charges Against Accused in Abetment of Suicide Case — No Proximate Link Between Alleged Demand and Suicide. Demand of Rs. 500 for Warrant Cancellation Not Sufficient to Attract Section 306 IPC as Deceased Was Already Depressed Due to Pending Rape Case.

The applicants, Ramdas Rajaram Mohite and Suryaprakash Ramgir Giri, filed a criminal revision application before the Bombay High Court challenging the...

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Bombay High Court Allows Writ Petition Challenging Charity Commissioner's Order in Trust Election Dispute. Election of Trust Committee Upheld as Valid Under Maharashtra Public Trusts Act, 1950.

The petitioners, members and trustees of Shri Sant Kabir Bahu-Udeshiya Shishan Prasarak Mandal, an educational trust, challenged the order dated 11th ...