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Bombay High Court Allows Appeal Against Family Court Order Returning Guardianship Petition for Lack of Jurisdiction. Family Court at Nagpur Has Jurisdiction Under Section 9(1) of Guardians and Wards Act, 1890 as Minor Ordinarily Resided in Nagpur....

The appellant, Shri Prakash Balkrishna Naidu, filed a petition under Sections 7, 12 and 25 of the Guardians and Wards Act, 1890 before the Family Court No. 2, Nagpur, seeking guardianship, interim pro...

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Bombay High Court Allows Second Appeal in Succession Certificate Dispute — Widow Entitled to Pensionary Benefits Under Rule 116(6)(a) of Maharashtra Civil Services (Pension) Rules, 1982. Court holds that a Succession Certificate is not required for claiming pension and that the widow's right to pension is governed by service rules, not succession law....

The case involves a dispute over pensionary benefits of a deceased government employee, Rushi Meshram, who worked with Zilla Parishad, Aheri and died on 12-09-2010. The respondent no.1, Sushila Rushij...

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Bombay High Court Allows Release of Seized Vehicle in Sand Transportation Case - Orders Release on Payment of Royalty and Penalty. Seizure under Section 48(8) of Maharashtra Land Revenue Code, 1966 invalid without prior adjudication of unauthorised extraction under Section 48(7)....

The petitioner, Neha Agre, filed a criminal writ petition seeking release of her vehicle (MH20AK7558) which was seized while carrying sand one brass in excess of the permitted weight. The Naib Tahsild...

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Bombay High Court Allows Writ Petitions Challenging Termination of Assistant Professors at UM-DAE Centre for Excellence in Basic Sciences — Violation of Natural Justice and Contractual Terms. Termination orders set aside as they were passed without notice or opportunity of hearing, and the appointments were for a fixed term of five years which had not expired....

The petitioners, Dr. Hemalatha Muthulingom and Dr. Gargi Shaw, were appointed as Assistant Professors at the UM-DAE Centre for Excellence in Basic Sciences, a joint venture between the University of M...

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Bombay High Court Quashes Disqualification of Sarpanch Under Mumbai Village Panchayat Act — Encroachment by Husband Not Ground for Disqualification of Member. Section 14(1)(j-3) of the Mumbai Village Panchayat Act, 1958 does not disqualify a member for encroachment by spouse on government property....

The petitioner, Sou Anita Hemantkumar Barawade, was elected as a member of Shigaon Grampanchayat in 2012 on a seat reserved for Scheduled Caste Woman and later became Sarpanch. On 12 April 2016, respo...

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Bombay High Court Partly Allows Insurance Company's Appeal Reducing Compensation in Motor Accident Claim Due to Deduction of Personal Expenses and Correct Multiplier. Tribunal's Award Modified as Deceased's Income Assessed at Rs. 3,000 per Month with 40% Future Prospects and Multiplier of 17 Under Motor Vehicles Act, 1988....

The case arises from a motor accident claim petition filed by the legal heirs of a deceased person who died in a vehicular accident. The deceased, a 23-year-old bachelor, was a tailor by profession ea...

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Bombay High Court Reduces Compensation in Motor Accident Claim Due to Deduction of Personal Expenses and Application of Multiplier. Tribunal's award modified by applying multiplier of 11 instead of 13 and deducting 1/3rd towards personal expenses of deceased....

The case arises from a motor accident claim filed by the widow, minor son, and mother of the deceased, who died in a vehicular accident. The Motor Accident Claims Tribunal awarded compensation of Rs. ...

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High Court of Bombay at Aurangabad Upholds Compensation Award in Motor Accident Claim — MSRTC Liable for Negligent Driving Causing Fracture to Claimant. Permanent disability assessed at 20% with multiplier of 16 applied for loss of earning capacity under Motor Vehicles Act, 1988....

The appellant, Maharashtra State Road Transport Corporation (MSRTC), filed an appeal under Section 173 of the Motor Vehicles Act, 1988, challenging the judgment and award dated 08-06-2016 passed by th...

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High Court of Bombay Upholds Insurance Company's Liability in Motor Accident Claim — Negligence of Driver Established. Deceased was a passenger in a mini bus that overturned due to rash driving; compensation awarded to legal heirs under Motor Vehicles Act, 1988....

The appeal arises from a judgment and award dated 20-03-2003 passed by the Motor Accident Claims Tribunal, Nanded, in Motor Accident Claim Petition No. 51 of 2000. The appellant, United India Insuranc...