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High Court of Bombay at Goa Allows Appeal and Enhances Compensation in Motor Accident Claim for Deceased Bar Owner - Tribunal's Rejection of Business Income Based on Lack of Documentary Evidence Set Aside. Oral Evidence Held Sufficient to Prove Income in Absence of Contradictory Evidence Under Motor Vehicles Act, 1988....

The case arises from a motor accident claim filed by the appellants (Laurinda Gomes and others), who are the legal heirs of the deceased, against the respondents (Janu Hari Gaude, the driver, and Kada...

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Bombay High Court Dismisses PIL Challenging Construction of 38-Story Building in Cuffe Parade, Mumbai, Holding No Violation of CRZ Norms or FSI Regulations. The court found that the building was not located on a CRZ-I area and that the FSI granted was within permissible limits under DCR 58....

The petitioners, comprising residents' associations and trusts, filed a Public Interest Litigation challenging the construction of a 38-story building by Respondent No.6 (Vasant Sagar Properties Pvt. ...

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Bombay High Court Dismisses ESIC Petition Challenging CAT Order Setting Aside Termination Based on Admission of Charges. Admission of Charges in Disciplinary Inquiry Requires Closure of Inquiry; Further Proceedings Violate Natural Justice....

The Employees' State Insurance Corporation (ESIC) challenged the judgment of the Central Administrative Tribunal (CAT) which set aside the termination of services of the first respondent, an employee ...

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Bombay High Court Quashes Criminal Proceedings Against Husband in Forgery Case Due to Lack of Prima Facie Evidence and Civil Nature of Dispute. The court held that the complaint under Sections 193, 465, 471 IPC did not disclose the essential ingredients of forgery or giving false evidence, and the dispute was essentially civil....

The applicant, Manoj Suresh Deware, is the husband of the non-applicant no.2, Sonali Deware. He filed a Criminal Application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing...

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Bombay High Court Allows Appeal Against Injunction in Specific Performance Suit — No Prima Facie Case for Injunction When Possession Not Delivered Under Agreement. The court held that a plaintiff not in possession under an agreement to sell cannot restrain the owner from constructing on the property....

The appellant, Shankar Govindlal Patwari, was the owner of an open plot bearing CTS No.3238 admeasuring 59.04 square meters within Dhule Municipal Corporation. Respondent No.1, Sanjay Rameshwar Sharma...

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Bombay High Court Dismisses Employer's Petition Challenging Workmen's Compensation Award for Non-Deposit of Amount. Employer's Failure to Deposit Awarded Compensation Despite Court Directions Leads to Dismissal with Costs Under Workmen's Compensation Act, 1923....

The petitioner, Sanjay Tarakumar Tibdiwala, filed a writ petition challenging the judgment of the Workmen's Compensation Court dated 15/12/2009 in W.C. Application No. 19/2001, which awarded compensat...

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Bombay High Court Allows Writ Petition for Rental Compensation in Land Acquisition Case — Government Policy Entitles Claimants to Compensation from Date of Possession to Award Date. Possession Taken Before Section 4 Notification and Award; Rental Compensation Under Government Resolution Dated 1.12.1972 Granted....

The petitioners, owners of land acquired for the K.T. Weir at Killari, challenged the denial of rental compensation for the period between the taking of possession (15.11.1988) and the passing of the ...

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Bombay High Court Allows Petition in Negotiable Instruments Act Case — Revisional Court Exceeded Jurisdiction by Considering New Grounds. Complaint Under Section 138 NI Act Filed by Managing Director Representing Company is Maintainable and Revisional Court Cannot Dismiss Complaint on Grounds Not Raised Before Trial Court....

The petitioner, Samarth Sahakari Sakhar Karkhana Ltd., through its Managing Director Bajirao Tukaram Pawase, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against Govind ...

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High Court Allows Secondary Evidence of Sale Deed in Civil Suit — Petitioner Permitted to Mark Photocopy Under Sections 63 and 64 of Evidence Act. Trial Court's Order Reversed for Failing to Consider That Original Was Lost and Petitioner Had No Other Means to Prove Execution....

The petitioner, Sri Prakash, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 22.3.2012 passed by the Civil Judge (Sr. Dn.) at Mysore in O.S. No...

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High Court of Karnataka Quashes Transfer Order in SC/ST Atrocities Case — Sessions Court Exceeded Jurisdiction Under Section 228 CrPC. Transfer of case from Sessions Court to District and Sessions Judge for lack of territorial jurisdiction held invalid as Sessions Court had no power to transfer after committal....

The petitioners, who were the complainants in S.C. No.162/2013 pending before the Sessions Court, Shimoga, filed a petition under Section 482 CrPC seeking quashing of an order dated 18.04.2013 passed ...