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Bombay High Court Dismisses Petitioner's Claim for Shortfall Land Due to Delay and Laches. Claim for balance land under Maharashtra Project Affected Persons Rehabilitation Act, 1999 rejected as application made 37 years after acquisition award and 20 years after enactment without explanation....

The petitioner, legal heir of Tatoba Rama Chavan, filed a writ petition under Article 226 of the Constitution of India seeking a direction to the respondents to allot 0.60R agricultural land as shortf...

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Bombay High Court Allows Minor Rape Victim's Pregnancy Termination with DNA Preservation Directions. Court Permits Medical Termination of Pregnancy of 24-Week Gestation Under MTP Act, 1971, and Orders Preservation of Fetal Samples for Criminal Trial....

The petitioner, a minor girl aged 17 years 11 months and 21 days, filed a writ petition through her mother seeking directions for medical termination of her pregnancy, which was approximately 24 weeks...

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High Court of Bombay Enhances Compensation in Motor Accident Claim — Apportionment of Liability Between Joint Tortfeasors Based on Degree of Negligence. The court held that where two vehicles are involved in a collision, liability must be apportioned according to the degree of negligence, and the multiplier for a 50-year-old deceased is 13 with 15% future prospects....

The appellants, the widow and two sons of the deceased Shamrao Bhosale, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, seeking compensation for the death of Shamrao in a mot...

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Bombay High Court Allows Appeal in Motor Accident Claim Case — Enhances Compensation Under Section 163-A of Motor Vehicles Act, 1988. Deceased was a gratuitous passenger in tractor used for transportation of goods; insurer liable to pay compensation despite breach of policy conditions....

The appellant, Kanta @ Baby w/o Dilip Bawankar, filed a claim petition under Section 163-A of the Motor Vehicles Act, 1988, seeking compensation for the death of her husband, who died in a tractor acc...

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Bombay High Court Allows Appeal in Railway Accident Claim — Deemed Accidental Fall Not Suicide. Death of a passenger falling from a train and being run over is an 'untoward incident' under Section 123(c) of the Railways Act, 1989, and the railway is liable for compensation under Section 124-A....

The present appeal was filed by the appellants, Ramesh Laxmanrao Dighade and Mrs. Sindhu w/o Ramesh Dighade, being aggrieved by the judgment and award dated 10/05/2018 passed by the learned Railway Cl...

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Bombay High Court Quashes Investigation Order Against Police Officer in Corruption Case for Lack of Sanction. The court held that a public servant cannot be investigated under the Prevention of Corruption Act without prior sanction under Section 197 CrPC and Section 19 PC Act....

The case involves a criminal revision application filed by Vikas Wagh, a police officer, challenging an order dated 24 January 2014 passed by the learned Special Judge, Nagpur. The Special Judge, acti...

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Bombay High Court Quashes Show Cause Notice in Service Tax Case Due to Inordinate Delay and Lack of Jurisdiction. Refundable deposit received from SEZ developer not taxable as service, and 10-year delay in issuing SCN violates principles of natural justice....

The petitioner, Coventry Estates Pvt. Ltd. (formerly S and H Services Pvt. Ltd.), was engaged in construction of a residential complex in a Special Economic Zone (SEZ) under a contract with Sunny Vist...

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Bombay High Court Orders Unsealing of Premises in Customs Investigation — Power to Search Does Not Include Power to Seal Under Section 105 of Customs Act, 1962. Sealing of Office Premises Without Express Statutory Authority Held Illegal; Respondents Permitted to Conduct Confined Search....

The petitioner, M/s. Narayan Power Solutions, filed a writ petition before the Bombay High Court challenging the sealing of its office premises by the Assistant Commissioner of Customs (respondent no....

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Bombay High Court Partially Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Reliance on Income Tax Return Filed After Death. Tribunal erred in considering post-death income tax return for computing deceased's income; notional income of Rs. 10,000 per month applied instead....

The case arises from a motor accident claim where the deceased, Jitendra Hiraral Pawar, died in a car accident on 13th April 2015. The claimants, his widow and children, filed a claim petition before ...

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Bombay High Court Allows Condonation of Delay in Customs Appeal Due to Bona Fide Prosecution Before Wrong Forum. The Court held that the period spent before the revisionary authority under a bona fide belief should be condoned, and the CESTAT erred in rejecting the application....

The appellant, Zulfikar Abdul Rashid Khan, is a businessman dealing in motor vehicles and parts. A show cause notice dated 12 August 2011 was issued under Section 112(b) of the Customs Act, 1962, lead...