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Bombay High Court Dismisses Writ Petition Challenging Trial Court's Order on Limitation in Carriage by Air Act Case. The court held that the suit for damages for loss of cargo was not barred by limitation under Section 30 of the Carriage by Air Act, 1972, as the limitation period runs from the date of delivery or when the cargo ought to have been delivered....

The petitioner, British Airways, challenged an order of the City Civil Court, Mumbai, which answered a preliminary issue on limitation in the negative. The respondent, M/s Bhagwandas B Ramchandani, ha...

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Bombay High Court Allows Minor Rape Victim’s Petition for Medical Termination of Pregnancy under MTP Act Due to Grave Mental Health Injury. Continuation of Pregnancy Constitutes Grave Injury to Mental Health Under Explanation 1 to Section 3 of MTP Act, 1971, and Termination Permissible When Two Medical Practitioners Opine in Good Faith and Guardian Consents....

The matter arose from a writ petition filed by a minor rape victim through her father/guardian before the Aurangabad Bench of the Bombay High Court, seeking a writ of mandamus for medical termination ...

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Bombay High Court Allows Petitioners in Land Consolidation Dispute, Holding That Modification Application Under Section 31A of Maharashtra Prevention of Fragmentation and Consolidation of Holdings Act, 1947 Must Be Filed Within Reasonable Time and Only Before Settlement Commissioner. Deputy Director of Land Records Lacks Authority to Modify Scheme After 40 Years....

The petitioners, ten individuals, filed a writ petition challenging the order of the Deputy Director of Land Records, Nasik Division, which allowed an application filed by respondent No.5 under Sectio...

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Bombay High Court Acquits Accused in Rape Case Due to Inconsistent Evidence and Lack of Corroboration. Conviction under Section 376 IPC Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt....

The appellant, Shamlal s/o Punaram Achale, was convicted by the II Additional Sessions Judge, Bhandara in Sessions Trial 139/2001 for offences under Sections 452 and 376 of the Indian Penal Code (IPC)...

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Bombay High Court Acquits Accused in Rape Case Due to Inconsistencies in Prosecutrix's Testimony and Lack of Corroboration. Conviction under Section 376 IPC Set Aside as Medical Evidence and Witness Testimonies Failed to Support Allegations of Sexual Assault....

The appellant, Dnyaneshwar Digambar Telang, was convicted by the Sessions Judge, Yavatmal, for an offence punishable under Section 376 of the Indian Penal Code (IPC) and sentenced to rigorous imprison...

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Bombay High Court Dismisses Review Applications in Ceiling Act Case — Purchasers from Surplus Land Owner Not Entitled to Review as No Error Apparent on Record. The court held that purchasers cannot claim better rights than their vendor and that review is not an appeal in disguise....

The judgment concerns two review applications (Miscellaneous Civil Application No.81/1999 and No.86/1999) filed by purchasers of agricultural land from a surplus land owner, Leelabai Gopaldas Zanvar. ...

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Bombay High Court Holds Letters Patent Appeal Maintainable Against Single Judge's Judgment in Land Acquisition Appeal Despite Section 100-A CPC Amendment. The Court ruled that the amendment to Section 100-A CPC does not apply retrospectively to land acquisition proceedings initiated before 1.7.2002, and the Letters Patent power remains intact....

The appellants, Mohanlal Chandmal Phafat and Manoharlal s/o Chandmal Phafat, owned land in village Adgaon Khurd, Akola. The State of Maharashtra issued a notification under Section 4 of the Land Acqui...

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High Court of Bombay at Goa Dismisses Writ Petition Challenging Eviction Order; Upholds Rent Controller's Jurisdiction Despite Absence of Written Lease Under Goa Rent Control Act, 1968. The Court Holds Section 34 of the Act to be Directory, Not Mandatory, and Refuses to Interfere with Concurrent Findings of Fact That the Tenant's Denial of Title Was Not Bonafide....

The petitioner, Abdul Sattar Kulli, filed a writ petition under Article 227 of the Constitution before the High Court of Bombay at Goa, challenging the judgment and order dated 29-12-2016 passed by th...

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High Court of Bombay at Goa Dismisses Writ Petition Challenging Eviction Order Under Goa Rent Control Act. Tenant's Irregular Rent Payment and Subletting Justify Eviction Under Sections 22(a) and 22(b)(i) and (ii) of the Goa, Daman and Diu Buildings (Lease, Rent and Eviction) Control Act, 1968....

The petitioners, legal representatives of the deceased tenant Gurudas Narayan Salgaonkar, challenged an order dated 03/01/2014 passed by the Appellate Board in Rent Appeal No. 22 of 2013 under Article...

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Bombay High Court Dismisses Writ Petition Challenging Arbitral Award in Property Dispute — No Interference Under Article 227 as Findings of Fact Are Not Perverse. Court upholds arbitral award directing specific performance of agreement for sale of immovable property, rejecting challenge based on alleged non-compliance with Maharashtra Stamp Act and Indian Stamp Act....

The petitioner, Siddhi Promoters, filed a writ petition under Article 227 of the Constitution of India challenging an arbitral award dated 30 September 2014 passed by a sole arbitrator in a dispute co...