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High Court of Bombay Allows Appeal in Railway Accident Claim — Deemed Bona Fide Passenger and Untoward Incident Established. Fall from Train Due to Jerks Constitutes Untoward Incident Under Section 123(c)(2) of Railways Act, 1989; Railway's Suicide Defence Fails for Non-Production of Loco Pilot Book.

The appeal arises from a claim for compensation under Section 16 of the Railway Claims Tribunal Act, 1987, filed by the legal representatives of Mohd....

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Bombay High Court Quashes Revisional Order Allowing Liquor Licence in Village Where Women's Gramsabha Resolution Banned Liquor — Held That Gramsabha Resolution Under Section 138 of Bombay Prohibition Act, 1949 Must Be Given Due Weight and Cannot Be Ignored by Revisional Authority.

The petitioners, residents of Village Chas (kaman), Taluka Khed, Dist. Pune, filed a writ petition under Articles 226 and 227 of the Constitution of I...

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High Court of Karnataka Considers Batch of Writ Petitions Challenging Ward Reservation Notifications for Urban Local Body Elections. The petitions sought quashing of notifications and directions to reserve wards as General category.

The case involved a batch of writ petitions filed under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka at Bengal...

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High Court of Karnataka Adjudicates Writ Petition Alleging Illegal Demolition of Dwelling House and Seeking Compensation Under KMC Act, 1976. Allegations Include Backdating of Notices, Lack of Opportunity, and Collusion Between BBMP Officials and Private Respondent.

Background: The petitioner, a central government employee, purchased a residential property in Doddanekundi, Bengaluru, in 2005 from Dr. Suryakumar Sh...

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Bombay High Court Disposes of Criminal Appeals Against Conviction in MCOCA Special Case No.1 of 2006. Accused-Appellants Were Convicted Under Various IPC and MCOCA Sections for Kidnapping for Ransom and Murder; Appeals Heard and Disposed by Common Judgment.

The case involved the abduction, ransom demand, and murder of Sagar Sahani, son of businessman Satinder Sahani. On 14 August 2005, Sagar was abducted ...

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High Court of Karnataka Quashes Dismissal of Employee in Disciplinary Proceedings Due to 12-Year Delay and Denial of Documents. Dismissal Order Set Aside as Non-Supply of Inquiry Report and Documents Violated Principles of Natural Justice Under Article 226 of the Constitution of India.

The petitioner, employed as a Wireless Operator in Mysore Paper Mills Limited since before 1998, was issued a charge-sheet on 17-12-2010, nearly twelv...

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Bombay High Court Dismisses Appeal in Construction Dispute — No Sanction Order Existed, No Estoppel Against Corporation. Plaintiffs failed to prove deemed sanction under Section 264 of Maharashtra Municipal Corporations Act, 1949 as no formal order was passed and no notice of revocation was issued.

The appellants, original plaintiffs, owned plot nos. 71/72, 70/2 and 70/3 on Sheet No. 67-D at Amravati. They filed Regular Civil Suit No. 193 of 1988...

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Supreme Court Allows Appeals in Service Law Seniority Dispute, Overturning High Court Reliance on Per Incuriam Precedent. Seniority of Assistant Engineers Must Be Counted from Date of Regularization Under Uttar Pradesh Regularisation Rules, 1979 and 1989 Rules, Not from Initial Ad Hoc Appointments.

The Supreme Court of India, in a civil appellate jurisdiction, addressed a group of appeals concerning the seniority determination of Assistant Engine...

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KAHC010422252008_1

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