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Supreme Court Restores Compensation in Motor Accident Claim — Bus Driver's Negligence Established by Preponderance of Probabilities. Non-examination of Pillion Rider Not Fatal to Claim Under Motor Vehicles Act, 1988.

The case arises from a motor accident on 28 October 2011, when Sitaram, a senior government school teacher, was riding a motorcycle with a pillion rid...

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High Court of Karnataka Acquits Accused in Fatal Road Accident Case Due to Lack of Evidence of Rash or Negligent Driving. Conviction under Sections 279, 338, and 304-A IPC Set Aside as Prosecution Failed to Prove Guilty Mind Beyond Reasonable Doubt.

The revision petitioner, Manasing Tukaram Lamani, was the accused in C.C. No. 208/2011 before the Principal Civil Judge and JMFC, Bagalkot. He was con...

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Bombay High Court Quashes Penalty and Confiscation Orders in Sand Mining Cases for Violation of Natural Justice. Orders under Section 48(7) of Maharashtra Land Revenue Code, 1966 set aside for lack of hearing; matters remanded for fresh consideration.

The judgment involves two writ petitions challenging orders passed under Section 48(7) of the Maharashtra Land Revenue Code, 1966. In Writ Petition No...

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Bombay High Court Allows Second Appeal in Easement Case — Right of Way Established by Prescription. Plaintiffs' claim for easement of necessity fails due to alternative access, but right of way by prescription under Section 15 of Easements Act, 1882 is upheld based on 20 years of uninterrupted user.

The case involves a dispute over a right of way between two branches of the same family. The plaintiffs, Laxman Sagun Vaigankar and Sitabai Sitaram Va...

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Bombay High Court Holds Arbitral Tribunal Cannot Appoint Court Receiver Under Section 17 of Arbitration Act. Court Receiver is an Officer of the High Court Subject Only to Chief Justice's Supervision.

The Court Receiver, High Court, Bombay filed a Report seeking directions on whether the Registry should accept matters where an Arbitral Tribunal appo...

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Bombay High Court Allows Writ Petition of Deputy Registrars Challenging Recovery of Excess Salary Due to Mistaken Pay Rule Interpretation. Court holds that recovery of excess payments made without employee fault violates Article 300A of the Constitution and principles of equity.

The petitioners, eight former and current Deputy Registrars of the Bombay High Court, filed a writ petition challenging the decision of the Registrar ...

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High Court Acquits Accused in Rash Driving Case Due to Inconsistent Evidence and Absence of Credible Witnesses. Conviction under Sections 279, 337, 304A IPC Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt.

The revision petitioner, Satish Ganapati Gunagi, was convicted by the JMFC, Ankola in C.C. No. 62/2007 for offences under Sections 279 (rash driving),...

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Supreme Court Acquits Accused in Abetment of Suicide Case Due to Lack of Mens Rea and Active Participation. Joint Suicide Pact Does Not Amount to Abetment Under Section 306 IPC.

The case pertains to the death of actress Ms. Pratyusha, who consumed poison along with the appellant, Gudipalli Siddhartha Reddy, on 23rd February 20...

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High Court of Bombay at Goa Upholds Conviction in Rash Driving Case — Death Caused by Negligent Driving of Mini Truck. Concurrent findings of fact based on credible evidence cannot be interfered with in revision.

The applicant, Pradeep N. Shetgaonkar, was convicted by the Judicial Magistrate First Class (JMFC) on 01/10/2012 for offences under Sections 279, 338,...

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High Court of Bombay at Goa Dismisses Revision Against Conviction for Rash Driving and Causing Death by Negligence. Conviction under Sections 279 and 304-A IPC Upheld Based on Consistent Eyewitness Testimony and Medical Evidence.

The petitioner, Domnic Luis, was convicted by the Judicial Magistrate, First Class, Margao, for offences under Sections 279 (rash driving) and 304-A (...