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Bombay High Court Allows Legal Heirs to Continue Motor Accident Claim After Injured Claimant's Death — Right to Sue Survives Under Section 306 of Indian Succession Act, 1925. Legal heirs of deceased claimant permitted to prosecute claim for compensation for loss to estate, setting aside Tribunal's dismissal....

The case involves a first appeal filed by the legal heirs of an original claimant who was injured in a motor vehicle accident on 20/12/1992. The original claimant filed a petition under Section 166 of...

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  • 246
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High Court of Bombay at Goa Quashes Charge Under Section 304-B IPC Against Husband in Dowry Death Case — No Evidence of Demand for Dowry Soon Before Death. The court held that the essential ingredient of demand of dowry 'soon before death' was missing, and thus the charge under Section 304-B IPC could not be sustained, while upholding charges under Sections 306 and 498-A IPC....

The applicant, Caetaninho Julio Barreto, was married to Fatima Pereira on 20/09/2008. The marriage soon ran into difficulties, and the parties started living separately from 27/11/2008. While staying ...

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  • 245
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Bombay High Court Allows Writ Petition Challenging MHADA's Refusal to Register Proposed Cooperative Housing Society Under Section 22 of MHADA Act, 1976 — Held That a Proposed Society Is Entitled to Seek Registration and the Authority Cannot Refuse on Grounds of Non-Completion of Construction....

The petitioners, Bhartiya Vidya Bhavan (Bavla Compound) Co-op. Housing Society (proposed) and its promoters, along with Darshan Developers, filed a writ petition challenging the refusal of the respond...

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  • 158
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Bombay High Court Dismisses Judgment Debtor's Writ Petition Challenging Execution of Possession Decree in Landlord-Tenant Dispute. Repeated objections to execution of decree for possession of two rooms rejected as abuse of process under Order 21 Rule 35 of Code of Civil Procedure, 1908....

The petitioner, Warna Valley Sahkari Kharedi Vikri Society Limited, was the tenant of the respondents in a suit property. The respondents filed Regular Civil Suit No.566 of 1987 for recovery of posses...

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  • 176
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High Court of Bombay Quashes Lok Adalat Award Against Insurance Company in Motor Accident Claim — Consent Given Without Proper Verification. Act Only Policy Does Not Cover Occupant of Vehicle, and Lok Adalat Award Based on Misunderstanding of Advocate's Presence is Set Aside....

The petitioner, United India Insurance Co. Ltd., filed a writ petition challenging the Lok Adalat award dated 3.3.2013 in Motor Accident Claim Petition No.365/2012 passed by the Chairman, Motor Accide...

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  • 78
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Bombay High Court Allows Writ Petition for Compensation in Land Acquisition Case Due to Unauthorized Possession and Lapsed Proceedings. Possession taken in 2001 without acquisition; court directs compensation under 2013 Act with interest from date of possession....

The petitioners, four agriculturists from village Koradgaon Hilalpur, owned agricultural land admeasuring 1 hectare 73 ares (4 acres 13 ares) out of Gat Nos. 33, 54 and 55. The Zilla Parishad, Auranga...

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  • 150
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Bombay High Court Allows Landlord's Petition in Rent Control Case — Nuisance and Bona Fide Need Established Under Bombay Rent Act. Tenant's Conduct of Using Premises for Anti-Social Activities Constitutes Nuisance Under Section 13(1)(c) and Landlord's Need for Additional Accommodation for Son's Business is Bona Fide Under Section 13(1)(g)....

The petitioner, Govind Laxman Mankar (since deceased, represented by legal representatives), was the landlord of a property located at Ward No.1, City Survey No.52, Municipal House No.5806, Ahmednagar...

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  • 160
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Bombay High Court Allows Petition Challenging Rejection of Objections to Nomination in Cooperative Society Election. Removal from Managing Committee Under Section 78(1)(b) of Maharashtra Co-operative Societies Act, 1960 Disqualifies Candidates from Contesting Election to Board of Directors....

The petitioners, Irshad Abdul Sattar Deshmukh and Rama Seva Chavan, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court, Aurangabad Bench, challenging an ...

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  • 161
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Bombay High Court Dismisses Teacher's Petition for Enforcement of Appointment Order and Allows Management's Petition to Quash Grievance Committee Order — Appointment of Teacher Without Prior Approval from Education Officer Held Invalid Under Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977....

The judgment involves two connected writ petitions. Writ Petition No. 493 of 2014 was filed by Yogesh Vitthal Dane, a teacher, seeking enforcement of an order dated 9/12.12.2013 passed by the Deputy D...

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  • 173
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Bombay High Court Dismisses Revision Against Eviction Decree in Tenant Eviction Case — Bonafide Requirement and Lapse of Lease Term Upheld. The concurrent findings of fact by the trial court and appellate court were not shown to be perverse or illegal, and the revision was dismissed....

The case involves a civil revision application filed by the original defendant (tenant) against the respondent (original plaintiff/landlord) challenging the judgment and order of the Adhoc District Ju...

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensation Cases,...

Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Dispute — Upho...

Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Suit for Spec...

High Court Dismisses State's Writ Petition Against Tribunal's Order for Appointment of Exc...

High Court of Karnataka Quashes Enforcement Directorate Actions in Multiple Writ Petitions...

Supreme Court Upholds Conviction and Death Sentence in POCSO Case Due to Credible Testimon...

Supreme Court Dismisses Appeal Against High Court's Reversal of Trial Court's Decree on Wi...

Supreme Court Allows Appeal in Limitation Dispute Over Civil Works Contract. The Court fou...

Supreme Court Upholds Compulsory Retirement of Employees in Public Service — Validity of...

Supreme Court Upholds Eviction Process in Forest Areas While Ensuring Compliance with Fore...

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