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Supreme Court Dismisses Appeal of Bus Owner in Motor Accident Claim — Owner Held Liable for Compensation Due to Invalid Permit and Route Violation. Concurrent findings of fact that vehicle was plied without valid permit and on unauthorized route upheld; no interference warranted.

The appeal arose from a motor accident claim where the deceased, a 24-year-old Managing Director of a company, died in a collision with a bus owned by...

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Supreme Court Dismisses Recall Application in Income Tax Case — Service on Power of Attorney Holder Held Valid. Service of notice on authorized representative/agent of company under Section 2(35) of Income Tax Act, 1961 is sufficient service.

The Principal Commissioner of Income Tax (Central) filed a Special Leave Petition (SLP) against NRA Iron & Steel Pvt. Ltd., which was decided ex parte...

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Supreme Court Upholds Section 18A of SC/ST Act Against Challenge of Unconstitutionality — Amendment Restores Pre-Dr. Subhash Kashinath Position After Review

The petitioners challenged the constitutional validity of Section 18A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 198...

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Bombay High Court Issues Directions for Improvement of Healthcare Facilities in Government Hospitals in Goa in Public Interest Litigation. Court Holds That Right to Health is a Fundamental Right Under Article 21 of the Constitution and State Has a Legal Obligation to Provide Basic Medical Facilities.

This public interest litigation was filed by Prakash B. Sardessai and Vishwesh Sardessai, residents of Goa, seeking improvement of healthcare faciliti...

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Bombay High Court Allows Appeals in Commercial Summary Suit Cases — Triable Issues Raised on Guarantee and Limitation. Court holds that existence of disputed facts regarding limitation and discharge of guarantor requires unconditional leave to defend under Order XXXVII CPC.

The judgment arises from two commercial appeals filed by the defendants against the dismissal of their applications for leave to defend in commercial ...

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Bombay High Court Grants Anticipatory Bail to Corporator Accused of Extortion Using RTI Information. Prima Facie Case Not Made Out for Custodial Interrogation Under Section 438 CrPC.

The applicant, Dhananjay Vitthal Gawade, a sitting corporator of Vasai-Virar Municipal Corporation and an RTI activist, filed multiple anticipatory ba...

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Bombay High Court Upholds Life Conviction for Murder Based on Extra-Judicial Confession and Medical Evidence. Conviction Under Section 302 IPC Sustained as Confessions to Doctor and Brother-in-Law, Corroborated by Autopsy Report, Establish Guilt.

The appellant, Jaiprakash Harihprasad Mishra, was convicted by the Additional Sessions Judge, Alibag, for the murder of his wife Gayatri under Section...

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Bombay High Court Modifies Conviction from Murder to Culpable Homicide in Neighbourhood Dispute Case. Accused Dinesh Sawale convicted under Section 304(II) IPC for causing death by sudden fight without premeditation.

The case involves two criminal appeals arising from a neighbourhood dispute. On 2 September 2007, at about 8:15 pm, a quarrel broke out between the co...