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Bombay High Court Allows Second Appeal in Trust Property Encroachment Case — Defendant Acquitted of Adverse Possession Claim. Suit for Possession by Trust Held Not Barred by Limitation as Encroachment is Continuing Wrong Under Section 23 of Limitation Act, 1963....

The case involves a second appeal filed by Namdeo Khedkar (appellant/defendant) against the judgment of the Joint District Judge, Chandrapur, which reversed the trial court's decree dismissing the sui...

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Bombay High Court Allows Appeal in Railway Accident Case — Claimant Entitled to Compensation for Loss of Both Legs. Untoward Incident Under Section 124A of Railways Act, 1989 — Standing Near Door in Crowded Compartment Not Negligence....

The appellant, Ravichand Khurchankar, a 26-year-old student, was travelling by Howrah-Ahmedabad Express from Gondia to Nagpur on 7 July 2002. Due to overcrowding, he stood near the door. A sudden push...

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High Court of Bombay at Nagpur Allows Appeal in Motor Accident Claim — Owner Not Liable to Pay Interest on Awarded Amount Due to Insurer's Failure to Defend. The court held that the insurer, having accepted the premium and failed to defend the claim, is liable to pay interest on the awarded amount, and the owner cannot be burdened with interest liability....

This appeal arises from a motor accident claim. The appellant, Pramodkumar Gupta, was the owner of the offending vehicle. The Motor Accident Claims Tribunal, Gondia, in Claim Petition No.6 of 2003, aw...

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Bombay High Court Allows Petitioner's Challenge to Rejection of Firearm Licence Based on Non-Existent Pending Criminal Cases. Licensing Authority's Decision Influenced by Factually Incorrect Ground of Pendency of Criminal Cases....

The petitioner, Sheshrao @ Vijay Bhikaji Salve, applied for a licence to acquire, hold, and possess a firearm under the Arms Act, 1959. The licensing authority, the Commissioner of Police, Aurangabad,...

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Bombay High Court Quashes Externment Order Under Section 56(1) of Bombay Police Act, 1951 for Non-Application of Mind. Mere Registration of Four Criminal Cases Does Not Justify Externment Without Subjective Satisfaction....

The petitioner, Zubair Shah, filed a criminal writ petition challenging an externment order dated 18th March 2013 passed by the Sub Divisional Magistrate, Jalna, under Section 56(1) of the Bombay Poli...

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Bombay High Court Allows Arbitration Appeal Against Rejection of Section 9 Application for Appointment of Receiver in BOT Road Contract Dispute. The court held that the appellant contractor had a prima facie case and was entitled to appointment of a receiver to collect tolls pending arbitration under Section 9 of the Arbitration and Conciliation Act, 1996....

The appellant, Ashoka Buildcon Ltd., a construction company, entered into a Build-Operate-Transfer (BOT) contract with the State of Maharashtra for improvements to Ahmednagar-Karmala Road. The contrac...

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Bombay High Court Allows Inclusion of Name in Voters List for Zilla Parishad Elections Despite Delay in Filing Claim. Electoral Registration Officer Directed to Include Eligible Voter's Name Under Representation of the People Act, 1950....

The petitioner, Smita Ravindra Wagh, filed a writ petition before the Bombay High Court, Aurangabad Bench, seeking inclusion of her name in the voters list for the Zilla Parishad and Panchayat Samiti ...

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High Court of Karnataka Quashes Board's Letter in Wakf Institution Election Dispute — Directs Election Based on Existing Membership List. Court holds that the Karnataka State Board of Wakfs cannot unilaterally alter membership list without following due process under the Wakf Act, 1995 and the institution's bye-laws....

The petitioners, M. Sirajulla Khan and Masood Abdul Khadir, claiming to be life members of the Muslim Orphanage, a Wakf institution, filed writ petitions under Article 226 of the Constitution of India...

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Karnataka High Court Dismisses State's Appeal Against Remand Order in Service Regularisation Case — Daily Wage Employees' Regularisation Remanded for Fresh Consideration. The Court held that the State could raise all contentions before the Single Judge and the appeal against a remand order was not maintainable....

The State of Karnataka filed writ appeals under Section 4 of the Karnataka High Court Act against an order dated 28.02.2012 passed by a learned Single Judge of the Karnataka High Court. The Single Jud...

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High Court of Karnataka Dismisses State Appeal Against Acquittal in Medical Negligence Case — No Causal Link Established Between Treatment and Death. Section 304-A IPC requires proof of rash or negligent act directly causing death; failure to prove beyond reasonable doubt leads to acquittal....

The State of Karnataka appealed against the acquittal of Dr. S. Vijayalaxmi and Dr. K.M. Rajagopal for an offence punishable under Section 304-A read with Section 34 IPC. The case arose from the death...