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Bombay High Court Allows Appeal in Motor Accident Claim — Failure to Implead Legal Heirs of Deceased Owner Not Fatal. Tribunal Erred in Dismissing Claim Petition Without Considering Application for Substitution Filed Before Signing of Judgment.

The appellants, legal heirs of deceased Bajirao Laxman Thorat, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 before the Mot...

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Bombay High Court Allows Remission for Convict in Abetment of Suicide Case Under Government Resolution. The court held that the nature of the offence (Section 306 IPC) is not a valid ground to deny remission unless the convict falls under excepted categories in the Government Resolution.

The petitioner, Vitthal Rayaji Gadekar, was convicted for offences under Sections 498A and 306 of the Indian Penal Code and was serving his sentence a...

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Bombay High Court Dismisses State's Appeal Against Acquittal in SC/ST Act Case Due to Lack of Evidence. Acquittal of five accused for offences under SC & ST (Prevention of Atrocities) Act, 1989 and Indian Penal Code, 1860 upheld as prosecution failed to prove guilt beyond reasonable doubt.

The State of Maharashtra filed an application seeking leave to appeal against the acquittal of five respondents (original accused) by the Additional S...

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Bombay High Court Upholds Acquittal in Dowry Death Case Due to Inconsistent Dying Declarations. Multiple dying declarations with contradictions and absence of independent witnesses led to benefit of doubt for accused under Sections 498A, 302, 306 IPC and Section 4 Dowry Prohibition Act.

The State of Maharashtra appealed against the acquittal of five accused persons (husband, father-in-law, mother-in-law, and two brothers-in-law) for o...

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High Court of Karnataka Dismisses Criminal Revision Petitions Challenging Framing of Charges in Multiple Cases. Court holds that at the stage of framing charges, only a prima facie case is required and not a detailed evaluation of evidence.

The judgment involves a batch of criminal revision petitions filed under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973, ch...

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High Court of Karnataka Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence of Injured Claimant. Claimant's Own Negligence in Driving Without Valid License and Without Helmet Led to Reduction of Award by 50%.

The case involves three appeals arising from a motor accident claim. The claimant, Dr. Uma, a 35-year-old doctor, sustained injuries when the scooter ...

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Supreme Court Upholds High Court Dismissal of Judgment Debtor's Application to Set Aside Receiver's Sale Under Order 21 Rule 89 CPC. Order 21 Rule 89 Held Not Applicable to Receiver Appointed Under Section 51 CPC as Sale Not Conducted Under Order 21.

In execution of a money decree, the judgment debtor defaulted on payment of agreed instalments. The executing court, invoking Section 51 of the Code o...

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Supreme Court Upholds Death Sentence of 26/11 Terrorist in Mumbai Attacks Case. Court Dismisses State's Appeal Against Acquittal of Co-Accused Due to Insufficient Evidence, Finding No Perversity in Trial Court's Decision.

The Supreme Court dealt with appeals arising from the 26/11 Mumbai terror attacks. The appellant, Mohammed Ajmal Kasab, a Pakistani national, was conv...