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Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence. Deceased pillion rider found 50% contributorily negligent for accident caused by rash driving of truck driver, reducing insurer's liability....

The case arises from a motor accident claim filed by the legal heirs of deceased Sayyed Imran, who died in a road accident on 5th May 2016. The deceased was a pillion rider on a motorcycle when a truc...

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Bombay High Court Allows Correction of Caste Entry in Birth Certificate Despite Student Leaving School. Full Bench Precedent in Janabai Himmatrao Thakur Permits Alteration of Entries Other Than Date of Birth Even After Leaving School....

The petitioner, Ganesh Dadarao Thombre, filed a writ petition seeking correction of the caste entry in his birth certificate from 'Kunabi Hindu' to 'Maratha'. The request was rejected by the school au...

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High Court Dismisses Writ Petition Challenging Recall of Credit Facilities and SARFAESI Notice — Alternative Remedy Available. Petitioner's challenge to recall of credit facilities and SARFAESI notice dismissed as not maintainable due to availability of alternative remedy under Section 17 of SARFAESI Act....

The petitioner, M/s Nitesh Residency Hotels Pvt. Ltd., a heavy borrower, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka at Bengaluru. ...

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Bombay High Court Allows Enhancement of Compensation in Motor Accident Claim — Deceased's Income Reassessed at Rs.7,500 per Month. Tribunal's assessment of income at Rs.5,000 per month was inadequate; court applied multiplier of 18 and added 40% future prospects under Motor Vehicles Act, 1988....

The appellants, parents of the deceased Chandrakant, filed a claim petition before the Motor Accident Claims Tribunal, Osmanabad, seeking compensation for the death of their son in a motor vehicle acc...

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Bombay High Court Quashes Municipal Corporation's Demand for Transfer Fees and Unilateral Imposition of Fresh Lease Terms. Lease Renewal Must Be on Existing Terms Unless Mutually Agreed, and Transfer of Leasehold Interest Does Not Attract Transfer Fees Without Specific Statutory Provision....

The petitioners, ten individuals and a company, filed a writ petition under Article 226 of the Constitution of India challenging the actions of the Nagpur Municipal Corporation and its officers. The d...

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High Court of Bombay at Goa Quashes Coercive Encashment of Bank Guarantee in Customs Case, Citing CBEC Circular and Precedent. Encashment on Same Day as Service of Order-in-Original Held Improper Under Section 129E of Customs Act, 1962....

The petitioners, a proprietary concern and a partnership firm, challenged the coercive encashment of a bank guarantee by the Customs authorities. The dispute arose from an Order-in-Original dated 30.0...

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High Court of Bombay at Goa Hears Writ Petition by Professor Against Transfer Order Pending Departmental Inquiry. Petition Challenges Orders Relating to Leave Regularization and Inquiry Report Under Rule 14 of Central Civil Services (Classification, Control and Appeal) Rules, 1965....

The writ petition before the High Court of Bombay at Goa challenged an order dated 19 June 2017 issued by the Under Secretary (Health), Public Health Department, Government of Goa, directing the petit...

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Bombay High Court Quashes Show Cause Notices and Order in Cenvat Credit Case Due to Inordinate Delay. Recovery of Central Excise Duty for Periods 2007-2008 Barred by Limitation as Notices Issued After Unreasonable Delay of Over 13 Years....

The Petitioner, Godrej & Boyce Mfg. Co. Ltd., filed a writ petition before the Bombay High Court challenging five show cause notices issued between 2008 and 2009 by Respondent No. 3 (Joint Commissione...

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Bombay High Court Dismisses Revenue's Appeal in Income Tax Case Regarding Deductions Under Sections 36(1)(vii) and 36(1)(iii) of the Income Tax Act, 1961. Tribunal's order setting aside Commissioner's revision under Section 263 upheld as Assessing Officer had made proper inquiries and formed an opinion....

The appeal was filed by the Pr. Commissioner of Income Tax-14, Mumbai (appellant-revenue) under Section 260-A of the Income Tax Act, 1961, against the order dated 16th January, 2017 of the Income Tax ...