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Bombay High Court Dismisses Petition Against Civil Suit for Medical Negligence Despite Prior Consumer Forum Dismissal. Principle of Res Judicata Not Applicable to Consumer Forum Decisions Under Section 9 of Consumer Protection Act, 1986.

The case involves a dispute over medical negligence leading to the death of a baby boy. The respondents (parents) initially filed a complaint before t...

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Gujarat High Court Upholds Conviction for Murder in Hired Car Driver Stabbing Case — Circumstantial Evidence Sufficient to Prove Guilt Beyond Reasonable Doubt. The court held that the last seen theory, recovery of weapon, and motive established the guilt of the accused under Section 302 IPC.

The appellant, Sandipkumar Sureshbhai Patel, was convicted under Section 302 IPC for the murder of Mazharkhan Saidkhan Pathan, a driver of an Innova c...

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High Court of Karnataka Dismisses Management's Writ Petition in Industrial Dispute Case, Upholding Order Refusing to Recall Witness. Order XVIII Rule 17 CPC Not Intended for Routine Recall to Fill Lacunae; Repeated Applications After Enquiry Held Proper Amount to Abuse of Process.

The case arose from an industrial dispute where the respondent workman had challenged his dismissal from service. The petitioner, a company, had termi...

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Supreme Court Allows Appeal in Possession Suit — Arbitration Award Not Binding on Third Party Purchaser. The Court held that an arbitration award does not operate as res judicata against a party who was not a party to the arbitration and who purchased the property in a court auction.

The appellants (plaintiffs) filed a suit for possession and mesne profits in respect of a three-storey commercial-cum-residential building situated at...

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Supreme Court Allows Appeal in Seniority Dispute Over Probation Period — Confirmation Dates Back to Initial Appointment. Movement from Semi-Skilled to Skilled Grade is Confirmation/Upgradation, Not Promotion, and Seniority Must Be Fixed from Date of Initial Appointment.

The Supreme Court allowed the appeal filed by V. Vincent Velankanni against the Union of India and others, setting aside the judgment of the Madras Hi...

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Supreme Court Partially Upholds Section 10(26AAA) of Income Tax Act, 1961 in Sikkim Tax Exemption Challenge. Gender-Based Proviso Denying Exemption to Sikkimese Women Marrying Non-Sikkimese Struck Down as Unconstitutional.

The judgment concerns a writ petition under Article 32 challenging the constitutional validity of Section 10(26AAA) of the Income Tax Act, 1961, which...

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Supreme Court Allows Appeal in Port Damage Case — Endorsement of Liability Obtained by Coercion is Void. Essar Shipping Ltd. v. Board of Trustees for the Port of Calcutta — Endorsement of liability obtained by wrongful detention of vessel is void under Section 17 of the Indian Contract Act, 1872.

The case arises from an incident on 27 August 1987 when the vessel M.V. Chennai Nermai, owned by Essar Shipping Ltd. (appellant), collided with a coal...

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Supreme Court Allows Appeal in Seniority Dispute of Absorbed Deputationist. Absorption on Own Request with Specific Conditions Precludes Claim for Seniority from Deputation Date.

The case involves a dispute over seniority between the appellant, Govinda Chandra Tiria, and the respondent, Sibaji Charan Panda, both Lower Division ...