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Bombay High Court Allows Appeal in Motor Accident Claim — Insurer Held Jointly Liable Despite Alleged Fraud. Insurance Policy Operative on Date of Accident; Insurer Cannot Escape Liability Without Proof of Fraud....

The appellant, Santosh Kathel, filed a First Appeal before the Bombay High Court, Nagpur Bench, against the judgment and award dated 24.7.2003 passed by the Motor Accident Claims Tribunal, Akola, in M...

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Bombay High Court Allows Appointment of Arbitrator in Railway Land Licence Dispute — Arbitration Clause Survives Termination. The court held that the arbitration clause is independent and not extinguished by termination of the agreement, and appointed a sole arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996....

The applicant, M/s Navkar Corporation Limited, entered into a land licence agreement with the respondent, Divisional Railway Manager, Central Railway, on 31st March 2011, granting a licence over railw...

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Bombay High Court Dismisses Appeal Against BMC's Alternate Accommodation Offer in Beautification Project. Court upholds BMC's policy requiring deposit of 6 months stallage charges and self-construction of stalls by project affected persons....

The appellants, original plaintiffs, were occupants of commercial structures on land belonging to the Municipal Corporation of Greater Mumbai (BMC) for a long period. The BMC undertook a beautificatio...

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Bombay High Court Allows Revision Application of Accused in Negotiable Instruments Act Case — Complainant's Appeal Under Section 372 Proviso Not Maintainable. Complainant Already Had Right to Appeal Under Section 378(4) CrPC, So Sessions Court Proceedings Were Nullity....

The applicant, Ganesh Bandu Badgujar, was the original accused in a complaint filed by respondent no.1, Mangalabai Ashokbhai Patel, alleging an offence under Section 138 of the Negotiable Instruments ...

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Bombay High Court Allows Compassionate Appointment to Ward of Police Constable Retired on Medical Grounds Under 2006 Rules. Rule 3(2)(D) of Maharashtra Police Constables (Recruitment) Rules, 2006 provides direct appointment without test for wards of employees retired on medical grounds....

The petitioner, Ganesh Bhimrao Munjal, filed a writ petition challenging the order of the Maharashtra Administrative Tribunal dismissing his Original Application No.606/2012. The petitioner's father, ...

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High Court of Karnataka Quashes FIR Against Project Manager of Private Society in Corruption Case — Petitioner Not a Public Servant Under Prevention of Corruption Act, 1988. Nirmithi Kendra Being a Private Society Unconnected with Government Activities, Its Employee Cannot Be Prosecuted Under Section 13(1)(e) r/w Section 13(2) of PC Act....

The petitioner, Gopinath @ Gopinathsa, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of FIR No.8/2013 registered by the Lokayukta Police, Bijapur...

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Bombay High Court Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Disturbed Under Section 100 CPC. Suit for Declaration of Ownership and Injunction Dismissed as Plaintiffs Failed to Prove Title and Adverse Possession....

The case involves a second appeal filed by the original plaintiffs (appellants) against the judgment and decree of the 7th Additional District Judge, Nagpur, dated 26.9.1994, which confirmed the dismi...

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Bombay High Court Allows Second Appeal in Property Dispute Over Encroachment and Adverse Possession — Mud-Ridge Boundary and Survey Error Lead to Reversal of Appellate Decree. The court held that the appellate court erred in reversing the trial court's decree as the plaintiff proved title and possession, and the defendants failed to establish adverse possession....

The appellant, Bento Antonio Gomes, filed a suit for possession and permanent injunction against the respondents, alleging that a recent survey erroneously included 329 square metres of his property i...

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High Court of Bombay at Goa Dismisses Appeal in Land Title Dispute — Appellants Fail to Prove Ownership of Suit Property. Suit for Declaration and Possession Dismissed as Appellants Could Not Establish Title Over Land Allegedly Encroached by Forest Department....

The appellants, Baburao Hirbarao Desai and others, filed a suit for declaration of title and restoration of possession against the State of Goa, the Conservator of Forests, and the Goa Forest Developm...