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Bombay High Court Allows Appeal by Insurance Company in Motor Accident Claim Case — Remands Matter for Fresh Consideration on Liability of Insurer of Vehicle. The Court held that the Tribunal erred in deleting the insurer of the offending vehicle without proper notice and opportunity, and remanded the case for fresh adjudication....

The appeal arises from a judgment and award of the Motor Accidents Claims Tribunal, Salcete, Margao, in Claim Petition No.86/2000. The accident occurred on 2nd March 2000, when a Mahindra jeep bearing...

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Bombay High Court Determines Sheriff's Poundage Payable on Settlement Amount in Admiralty Suit — Poundage Calculated on Amount Actually Realized Under Warrant of Arrest, Not on Claim Value....

The plaintiffs, Great Pacific Navigation (Holdings) Corporation Ltd., filed an Admiralty Suit against the vessel M.V. Tongil Yantai and its owners for recovery of a claim. The vessel was arrested purs...

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Bombay High Court Upholds Settlement Commission's Rejection of Settlement Application for Non-Pending Assessment Proceedings. Settlement Application Filed Before Expiry of Reassessment Limitation Does Not Constitute Pending Proceedings Under Section 245A(b) of Income Tax Act, 1961....

The petitioner, M/s. Shriniwas Machine Craft Pvt. Ltd., a company engaged in fabrication of sheet metal canopies for diesel generating sets, filed a writ petition under Article 226 of the Constitution...

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Bombay High Court Allows Quashing of Criminal Proceedings in Assault Case Due to Compromise Between Parties — Settlement Justifies Quashing Under Section 482 CrPC to Prevent Abuse of Process, Even for Non-Compoundable Offences....

The applicants (original accused) filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing of Regular Trial Criminal Case No.162 of 2010 pending b...

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Bombay High Court Dismisses Employer's Petition Challenging Industrial Court Order in Unfair Labour Practice Case. Elected Representatives Under BIR Act Have Locus Standi to File Complaint Under MRTU & PULP Act, 1971....

The petitioner, M/s. Neco Schubert and Salzer Ltd., an employer, filed a writ petition challenging the judgment and order dated 9 January 2004 passed by the Industrial Court, Nagpur, in Complaint (ULP...

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Bombay High Court Upholds Pre-deposit Condition for Appeal Under Section 406(2)(e) of Maharashtra Municipal Corporation Act, 1949 — Condition Not Arbitrary or Unreasonable. The provision requiring deposit of disputed tax as precondition for appeal is valid and does not violate Article 14 of the Constitution....

The petitioner, Walchandnagar Industries Limited, challenged the constitutional validity of Section 406(2)(e) of the Bombay Provincial Municipal Corporations Act, 1949 (now Maharashtra Municipal Corpo...

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Bombay High Court Allows Writ Petition Challenging Reservation on Land Due to Mapping Error and Non-Acquisition. The court quashed the reservation on the petitioner's land as the reservation chart showed a different survey number and no acquisition steps were taken for decades....

The petitioner, an agriculturist aged 77, is a joint owner of agricultural land Gat No. 933 (Old Survey No. 212/1) admeasuring 15R. In 1981, respondent No.2 (Municipal Council, Faizpur) clamped a rese...