High Courts judgments

Bombay High Court (Aurangabad Bench) directs insurers to first compensate passengers injured in goods carriage accidents under Section 166 MV Act before pursuing recovery from vehicle owners. The ruling clarifies liability thresholds for insurers in passenger claims involving non-commercial goods vehicles.

Bombay High Court (Aurangabad Bench) granted bail to an accused not named in the FIR and without any overt act attributed, relying on the parity principle after similar bail was granted to a co-accused. The court emphasized the lack of incriminating evidence and trial pendency as key factors.

Bombay High Court Nagpur Bench dismissed a writ petition seeking regularization of municipal employees, affirming that policy compliance and estoppel principles preclude service regularization absent statutory backing. The ruling underscores the primacy of government policies over individual claims in service matters.

Bombay HC set aside an arbitral award that revived a prior award after an appellate tribunal's remand order, reinforcing judicial hierarchy and the fundamental policy of Indian arbitration law. The ruling underscores that arbitral tribunals lack jurisdiction to override appellate remand directions, limiting scope for Section 34 challenges to awards.

Bombay High Court (Aurangabad Bench) quashed an Education Officer's order rejecting a Scheduled Tribe candidate's appointment as Shikshan Sevak, ruling that compliance with the Pavitra Portal is not mandatory for Scheduled Area appointments if roster verification is sufficient. The judgment clarifies that Government Resolutions mandating portal compliance do not override constitutional reservation safeguards in Scheduled Areas.

Bombay High Court ruled that Debts Recovery Tribunal (DRT) cannot condone delay beyond 45 days in filing securitisation applications under SARFAESI Act, relying on Supreme Court precedent. The judgment clarifies that DRAT erred in allowing condonation where the statutory limitation period was breached, impacting auction purchasers and secured creditors.

Bombay HC grants leave to appeal against acquittal in a Section 138 NI Act case, ruling that the accused's defence of a tripartite agreement lacked sufficient proof. The judgment underscores the accused's burden to substantiate such defences beyond mere assertion.

Bombay HC Nagpur Bench quashed a trial court's rejection of a joint measurement application in a boundary dispute, holding that conflicting measurement reports necessitate joint measurement for accurate resolution. The ruling clarifies that such evidence collection is permissible even in suits for declaration and injunction, not just encroachment cases.

Bombay High Court (Aurangabad Bench) dismissed bail for a peon accused of forging court documents and misappropriating Rs.58 lakh, holding gravity of offence alone cannot guarantee bail. The court rejected parity claims despite co-accused's bail, emphasizing the applicant's role in fabricating release orders.

Bombay HC grants anticipatory bail to an applicant accused of unauthorized crypto wallet transactions under IT Act and BNS, citing three-month delay in FIR registration and absence of evidence of wrongful gain. Court imposes weekly police station attendance conditions to ensure cooperation.

Bombay HC grants anticipatory bail to eight accused in a caste-based abuse case under BNS and SC/ST Atrocities Act, emphasizing the need for prima facie material and highlighting the possibility of false implication due to lack of injury or corroborative evidence.

Bombay High Court (Aurangabad Bench) directs appointment of a deceased government servant's son on compassionate grounds, rejecting the employer's arbitrary hiring of the retired employee's son. The ruling reaffirms that mala fide appointments cannot circumvent compassionate appointment schemes under service law.

Bombay HC grants anticipatory bail to applicant in gutka seizure case, citing lack of evidence connecting him to the crime and false antecedent claims by the investigating officer. Court also directs show-cause notice to the IO for misrepresentation.

Bombay High Court (Aurangabad Bench) granted bail to a married accused in a POCSO case despite the victim being a 17-year-old minor, holding she had attained the age of discretion and her conduct indicated consensual involvement. The court emphasized the 15-hour FIR delay, lack of forceful evidence, and the victim's contradictory statements as critical factors in bail jurisprudence.

Bombay HC refuses Section 9 interim reliefs to protect a terminated Authorised Channel Partner Agreement, holding such reliefs would impermissibly revive a terminated determinable contract. The ruling clarifies that interim measures under Section 9 cannot override contractual termination or substitute arbitral jurisdiction.

Bombay High Court upheld the Labour Court's finding of an employer-employee relationship between Johnson & Johnson Ltd. and workman Mahadev Badadal, declaring his termination illegal. The court directed payment of Rs.15,00,000 as lump-sum compensation to his legal heir, along with statutory benefits and 10% annual interest from 21 November 2016.

Bombay High Court sets aside a Rs. 1,00,000 compensation awarded under the Maternity Benefit Act, holding that hardship awards must stay within statutory limits under Section 17(2)(b). The ruling clarifies that tribunals cannot grant lump-sum damages exceeding the Act's prescribed framework, impacting future employment disputes involving maternity benefits.

Kerala High Court permitted medical termination of a 26-week pregnancy due to fetal abnormalities, citing Supreme Court precedent that upholds a woman's autonomy over her bodily integrity. The ruling reinforces reproductive rights even at advanced gestational stages when medical boards confirm severe fetal anomalies.

Kerala High Court directed the MSME Facilitation Council to dispose of a pending claim petition within three months after conciliation proceedings failed. The ruling underscores the enforceability of mandamus writs against statutory bodies for timely adjudication under the MSME Act.

Kerala High Court set aside an acquittal in a Section 138 NI Act case for failing to draw statutory presumptions under Sections 118 and 139. The ruling clarifies the burden of proof and twin presumptions in cheque dishonour disputes, impacting complainants in similar cases.

Kerala High Court ruled that disputed factual questions in contractual disputes cannot be adjudicated via writ jurisdiction under Article 226, directing the petitioner to pursue civil suit remedies instead. The decision reaffirms the limited scope of writ jurisdiction in commercial contract enforcement cases.

Kerala High Court restored an application to set aside an ex parte decree, citing procedural lapses under Order 9 Rule 13 CPC. The trial court was directed to dispose of the suit within six months, emphasizing the need for adherence to procedural justice in civil proceedings.

Rajasthan High Court grants bail under SC/ST (Prevention of Atrocities) Act, 1989, ruling that Section 3(1)(r)(s) requires the offence to occur at a public place. The judgment clarifies bail jurisprudence under the Act, emphasizing jurisdictional prerequisites for atrocities provisions.

Rajasthan High Court permits a life-sentenced appellant to travel abroad for livelihood during appeal, suspending sentence subject to strict undertakings. The ruling clarifies conditions under which suspended sentences may accommodate foreign employment without compromising judicial oversight.