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Bombay High Court Dismisses Petitions Challenging Transfer of Zilla Parishad Teachers to State Government — Transfer Policy Upheld as Administrative Decision Not Requiring Prior Consultation with Teachers' Unions....

The petitioners, various teachers' unions and associations, filed writ petitions challenging the transfer of Zilla Parishad primary school teachers to the State Government. The petitioners argued that...

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Bombay High Court Dismisses Application for Rejection of Plaint in Adoption and Inheritance Dispute. Court holds that the plaint discloses a cause of action and raises triable issues regarding adoption and limitation, warranting a full trial....

The plaintiff, Usha Ramrao Bhojane, filed a suit seeking a declaration that she is the adopted daughter of the late Laxman Shegaonkar and the late Yamunabai Shegaonkar, and consequently, a share in th...

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Bombay High Court Allows Possession Claim by Lessee in Company Liquidation — Official Liquidator Directed to Hand Over Property Subject to Lease. Leasehold Rights Survive Winding Up and Official Liquidator Must Respect Lessee's Right to Possession Under Section 456 of Companies Act, 1956....

The Provident Investment Company Ltd., a Government of Madhya Pradesh undertaking, filed an application seeking possession of leasehold land admeasuring 3743.21 sq.mtrs. at Village Majiwade, Thane, fr...

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Bombay High Court Allows Landlord's Petition in Eviction Case Based on Bonafide Requirement Under Section 13(1)(g) of Bombay Rent Act. Appeal Court's Reversal Set Aside for Misappreciation of Evidence and Legal Principles....

The petitioner, legal representative of the deceased landlord Om Prakash Suri, filed a writ petition challenging the judgment and order dated 18th February 1998 passed by the IInd Additional District ...

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Bombay High Court Allows Landlord's Petition in Eviction Case Under Bombay Rent Control Act — Bonafide Need Established. Appeal Court's Reversal of Eviction Order Set Aside as It Failed to Appreciate Scope of Section 13(1)(g) of Bombay Rents, Hotel and Lodging House Rates Control Act, 1947....

The petitioner, Smt. S.O. Suri alias Smt. S.S. Gharati, is the legal representative of the deceased landlord, Shri Om Prakash Suri. The landlord had instituted a suit for eviction of the respondent-te...

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High Court of Karnataka Dismisses Second Appeal in Property Suit — Concurrent Findings of Courts Below Upheld. Suit for Declaration of Title and Injunction Based on Adverse Possession Fails as Plaintiff Failed to Prove Hostile Possession for Statutory Period....

The case pertains to a second appeal filed by the first defendant in O.S.No.17/1992 before the Civil Judge (Sr.Dn), Chintamani, challenging the concurrent judgments of the trial court and the first ap...

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High Court of Karnataka Sets Aside Summoning of Additional Accused Under Section 319 Cr.P.C. — No Prima Facie Case Made Out Against Petitioners. Court held that mere naming in FIR without corroborative evidence during trial is insufficient to invoke Section 319 Cr.P.C. against persons dropped by police in charge sheet....

The petitioners, originally named as accused Nos.2, 3, 8, 9, and 10 in the FIR, were dropped by the police during investigation and not arraigned in the charge sheet filed against 14 other accused per...

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Bombay High Court Allows Appeal and Enhances Compensation for Injured Tractor Owner in Motor Accident Case. The court increased the award from Rs.64,000 to Rs.1,00,000 under Section 166 of the Motor Vehicles Act, 1988, considering the severity of injuries and medical expenses....

The appellant, Sanjay Sukhdeo Mankar, was the owner of a tractor bearing registration no. MH30E 7795. On 06/03/2001 at about 2:30 p.m., he was driving his tractor on National Highway No.6 at Murtizapu...

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High Court of Bombay at Nagpur Allows Insurance Company's Appeal in Motor Accident Claim — No Liability for Own Accident Under Section 163A of Motor Vehicles Act, 1988. Driving Without Licence Constitutes Breach of Policy Condition, Absolving Insurer of Liability for Death of Owner-Driver....

The case involves an appeal by The New India Assurance Co. Limited against the judgment and order dated 15/01/2008 of the Motor Accident Claims Tribunal, Washim, in M.A.C.P. No. 171/2006. The Tribunal...

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Bombay High Court Allows Appeal in Workmen's Compensation Case — Insurance Company Held Liable for Interest on Compensation. The court clarified that under Section 4A(3)(a) of the Workmen's Compensation Act, 1923, the insurer is jointly liable to pay interest on the awarded compensation, reversing the Commissioner's order that held only the employer liable....

The appellant, Navneet S/o Sadashiv Tembhurnikar, was the original claimant in a workmen's compensation case. He suffered injuries in an accident arising out of and in the course of his employment wit...