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Bombay High Court Allows Arbitration Application in Out-of-State Contract Dispute. Holds That Arbitration Is Not a 'Thing Done' Under Maharashtra Stamp Act, 1958, and Contract Executed and Performed Outside Maharashtra Is Not Liable to Stamp Duty in Maharashtra.

The applicant, S Satyanarayana & Co, a partnership firm based in Visakhapatnam, filed an application under Section 11 of the Arbitration and Conciliat...

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Bombay High Court Dismisses Petition to Quash Criminal Proceedings in Cheque Dishonour Case — Directors of Company Not Entitled to Quashing Under Section 482 CrPC When Trial Already Commenced and No Exceptional Circumstances Shown.

The petitioners, Mrs. Shama G. Bothe and Mr. Guido Bothe, directors of Chinkara Motors Private Limited (CMPL), filed a criminal writ petition under Ar...

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Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Upholds Compensation for Death Due to Truck Driver's Negligence. Insurer failed to prove breach of policy conditions; award of Rs.29,51,000/- with 7% interest confirmed under Motor Vehicles Act, 1988.

The case arises from a motor accident claim filed by the widow and son of Mahendra Sonawane, who died in a collision on 21 February 2007. The deceased...

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Bombay High Court Allows Appeal in Negotiable Instruments Act Case — Acquittal Set Aside Due to Inconsistent Defence and Failure to Rebut Presumption. Accused Convicted Under Section 138 of Negotiable Instruments Act, 1881 for Dishonour of Cheque Issued for Friendly Loan.

The appellant, Ramdas Anant Naik, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against respondent Jacob Fernandes, alle...

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Bombay High Court Acquits Accused in Murder Case Due to Lack of Credible Evidence. Conviction under Section 302 IPC set aside as circumstantial evidence failed to establish guilt beyond reasonable doubt.

The appellant, Sandeep Laxminarayan Acharya, was convicted by the Additional Sessions Judge, Greater Bombay, in Sessions Case No. 487 of 1991 for the ...

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Bombay High Court Allows Insurance Claim for Goods Destroyed by Fire During Customs Delay — Insurer Liable Despite Policy Issued After Goods Were in Port. The court held that the plaintiff had an insurable interest and the policy covered the loss by fire, rejecting the insurer's defense of no risk.

The plaintiff, M/s. Hasmukhrai Chandrakant, filed a suit against The Oriental Fire and General Insurance Co. Ltd. for recovery of Rs.18,70,322.42 with...