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High Court Enhances Compensation in Motor Accident Claim — Family Pension Cannot Be Deducted from Loss of Dependency. The Court held that family pension is a separate benefit and not deductible from compensation under the Motor Vehicles Act, 1988, and applied correct multiplier based on deceased's age....

The appeal was filed by the claimants, the widow and children of Tukaram Mohite, who died in a motor vehicle accident on 22.03.2010. The deceased was aged 50 years and was a self-employed person. The ...

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Bombay High Court Allows Land Acquisition Appeal Due to Non-Supply of Award Copy with Notice Under Section 12(2) of Land Acquisition Act, 1894. The Court Remanded the Matter for Fresh Consideration on Merits, Holding That Limitation for Reference Under Section 18 Runs Only When Notice Is Accompanied by Copy of Award....

The appellant, Ashok Nagpure (since deceased, represented by legal representatives), filed a reference petition under Section 18 of the Land Acquisition Act, 1894, being dissatisfied with the Award da...

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Bombay High Court Allows Enhanced Compensation for Well in Land Acquisition Case — Appellant Claimant Entitled to Rs. 1,00,000 for Well Constructed in Acquired Land. Court Held That Existence of Well Was Proved by Oral and Documentary Evidence, and Reference Court Erred in Rejecting Claim Without Proper Appreciation....

The appellant, Mohd. Mustak Mohamad Ismail, was the owner of land admeasuring 0.44 R out of Gat No. 1630 at village Shirala, Amravati, which was acquired by the respondents for the Amravati to Narkhed...

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Bombay High Court Allows Revision Against Court Fee Order in Declaration Suit — Sale Deed Void Not Sought. Section 6(iv)(ha) of Bombay Court Fees Act applies only when declaration that sale is void is sought, not when declaration that sale is not binding on plaintiff is sought....

The applicant, Common Piru Caudhari, filed a civil suit in the court of Civil Judge, JD, Malegaon seeking declarations that certain sale deeds dated 25.2.2013 and other specified sale deeds were not b...

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Bombay High Court Dismisses Writ Petition Seeking Freedom Fighter Pension for Alleged Participation in Quit India Movement. Petitioners failed to provide contemporaneous documentary evidence of participation in freedom struggle as required under the Swatantrata Sainik Samman Pension Scheme, 1980....

The judgment pertains to a writ petition filed by 14 individuals seeking freedom fighter pension under the Swatantrata Sainik Samman Pension Scheme, 1980. The petitioners claimed to have participated ...

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Bombay High Court Dismisses Petition Seeking Full Salary for Suspension Period and Arrears for Extended Retirement Age in National Textile Corporation Service Matter. Claims for full suspension salary and arrears for age of superannuation of 60 years rejected as not covered by earlier judgment and not raised in prior proceedings....

The petitioner, Shashibhushan Prasad (since deceased, represented by legal representatives), was a Senior Assistant in the National Textile Corporation at Model Mills, Nagpur. He was dismissed from se...

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Bombay High Court Dismisses Petition Challenging Government Resolutions on Mana Tribe Status in Light of Supreme Court Precedent. The court held that the issue of whether Mana is a subtribe of Gond is no longer res integra following the Supreme Court's decision in State of Maharashtra v. Mana Adim Jamat Mandal....

The petitioners, Dr. Dayaram Bhagwanji Narnawre and his two minor sons, filed a writ petition challenging Government Resolutions dated 24.04.1985 and 19.06.1985 which held that the caste 'Mana' shown ...

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Bombay High Court Allows Guarantor's Petition in RDB Act Execution Case — Notice Under Section 31A Mandatory. Failure to Serve Notice on Judgment Debtors Before Issuing Recovery Certificate Violates Natural Justice and Section 31A of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993....

The petitioner, Dr. Sudhakar Borkar, was a guarantor to a loan taken by respondent No.5 (M/s R & S Enterprises) from respondent No.1 (State Bank of India). The borrower defaulted, and the bank filed S...

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High Court of Judicature at Bombay Considers Challenge to Restoration of NOC Under Petroleum Act, 1934. Dispute Centers on Necessity of Valid Lease for Petroleum Storage After Expiry of Lease Term....

The petitioner, successor-in-interest to the original landlord of a property in Shrirampur, challenged the order of the Divisional Commissioner (Revenue) restoring a No Objection Certificate for stora...

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High Court Partly Allows Appeals of Trustees Not Impleaded in Removal Proceedings Under Maharashtra Public Trusts Act — Indirect Removal Without Hearing Violates Natural Justice. Relief Granted to Three Trustees Who Were Not Parties to Original Application Despite Seeking Intervention, Setting Aside Orders Qua Them for Fair Hearing....

The case involved a cluster of first appeals and a writ petition arising from proceedings under the Maharashtra Public Trusts Act, 1950 concerning the Bombay Diocesan Trust Association Pvt. Ltd. A gro...