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Karnataka High Court Upholds Executing Court’s Dismissal of Obstruction Applications Filed Under Order 21 Rule 97 and 99 CPC. Decree for Eviction Executed; Objectors Failed to Prove Possession at Time of Delivery.

The revision petitions arose from the execution of eviction decrees passed by the Small Causes Court in three eviction petitions filed by the decree h...

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High Court of Bombay at Nagpur Bench Examines Appeal Against Conviction Under Section 304 Part I IPC Based on Dying Declarations. Dying Declarations of Burn Victim Allegedly Showing Only Appellant's Involvement Challenged on Grounds of Infirmities, Court Considers Caution Required for Such Evidence.

The present proceedings arose from a criminal appeal filed by the appellant wife against her conviction under Section 304 Part I of the Indian Penal C...

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Bombay High Court Allows Appeal in Workmen's Compensation Case — Enhances Compensation for Permanent Partial Impairment. Commissioner's assessment of disability at 40% set aside; 65% disability as per medical certificate accepted under Workmen's Compensation Act, 1923.

The appellant, Binddadin Ramasray Varma, was a labourer working on a truck owned by respondent no.1. On 13 December 2003, he sustained a compression f...

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Supreme Court Affirms Interim Maintenance for Wife and Son in Matrimonial Dispute. Court Frames Guidelines on Maintenance Under Section 125 Cr.P.C. and Other Enactments to Ensure Uniformity and Consistency.

The case arises from an application for interim maintenance filed by the wife and minor son under Section 125 Cr.P.C. The wife left the matrimonial ho...

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Bombay High Court Passes Judgment on Enforcement of Foreign Arbitral Award under Sections 47-49 of the Arbitration and Conciliation Act, 1996. Dispute arose from Share Subscription Agreement and Put Option Deed involving investment exit rights.

The petitioner, Banyan Tree Growth Capital L.L.C., a Mauritian investment fund, had invested approximately USD 7.5 million in Axiom Cordages Limited, ...

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Supreme Court Dismisses State's Appeal in Leave Encashment Case for Re-employed Government Servant. Re-employed Employee Entitled to Second Leave Encashment Under Rule 36 of Sikkim Government Services (Leave) Rules, 1982, as Rule 32 Creates Legal Fiction Treating Re-employment as Fresh Service Entry.

The dispute originated from the State of Sikkim's appeal against High Court orders that granted leave encashment benefits to a re-employed government ...