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Bombay High Court Dismisses Insurer's Appeal in Motor Accident Claim — Insurer Liable Despite Overloading as No Breach of Policy by Owner Proved. The court upheld the award of Rs 3,82,000 with 9% interest to the dependents of a deceased passenger, holding that the insurer failed to prove that the owner permitted overloading of the vehicle....

The appeal was filed by The New India Assurance Company Limited against the judgment and award dated 01-09-2004 passed by the Motor Accidents Claims Tribunal, Amravati in MACP No. 11 of 2003, whereby ...

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Bombay High Court Upholds Insurance Company's Liability Despite Cheque Bounce in Motor Accident Claim — Insurer Liable to Third Parties Under Motor Vehicles Act, 1988. Contract of Insurance Not Void Ab Initio; Insurer Can Recover Premium from Insured....

The case arises from a motor accident claim where the deceased, Bhaskar Bramhane, a coolie, died while boarding a travel bus (No. MH27/A9240) at Bori Arab village, District Amravati. The bus was drive...

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Bombay High Court Dismisses Employee's Petition Challenging Correction of Date of Birth in Service Records. Employer's reliance on original School Leaving Certificate over employee's subsequent claim upheld as proper exercise of administrative power....

The petitioner, Ashok Ramchandra Nirmal, was appointed as a Clerk with the respondent college on 23rd September 1986. At the time of appointment, he submitted his School Leaving Certificate and other ...

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Bombay High Court Upholds Validity of Section 376(b) and (c) CrPC in Cheque Dishonour Case — No Unconstitutionality Found. Petitioners convicted under Section 138 r/w 141 Negotiable Instruments Act, 1881 challenged the constitutional validity of provisions relating to appeal against acquittal, but court held them intra vires....

The petitioners, directors and a company, were convicted by the Metropolitan Magistrate on 26 July 2011 for offences under Section 138 read with Section 141 of the Negotiable Instruments Act, 1881, ba...

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Bombay High Court Quashes COFEPOSA Detention Orders for Smuggling of Red Sanders/Sandalwood — Failure to Consider Less Restrictive Alternatives and Non-Application of Mind. Preventive detention under Section 3(1) of COFEPOSA set aside as detaining authority did not consider possibility of prosecution under Customs Act and failed to apply mind to relevant material....

The Bombay High Court allowed two habeas corpus writ petitions challenging detention orders dated 21 February 2013 issued under Section 3(1) of the Conservation of Foreign Exchange and Prevention of S...

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Bombay High Court Upholds Conviction for Murder and Robbery Based on Circumstantial Evidence and Last Seen Theory. Appellant convicted under Sections 302, 392, 397 IPC for killing a labourer and robbing him, with conviction affirmed on appeal....

The appellant, Dinesh @ Dhebarya Virendra Bhatkar, was convicted by the Additional Sessions Judge, Bombay, for the murder and robbery of Yellappa, a labourer. The prosecution case was based on circums...

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Bombay High Court Upholds Taxing Master's Order on Court Fees in Property Suit — Court Fees Must Be Paid on Current Market Value Under Section 5 of Bombay Court Fees Act, 1959. Plaintiff's Challenge to Order Directing Payment of Court Fees on Current Market Value Dismissed as Consent Decree in Prior Suit Does Not Affect Court Fee Liability in Subsequent Suit....

The plaintiff, Smt. Hema Valecha, filed a Chamber Summons challenging an order dated 2nd May 2011 passed by the learned Taxing Master of the Bombay High Court. The Taxing Master directed the plaintiff...

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Bombay High Court Dismisses Appeal of Cooperative Housing Society Against Demolition Notice for Unauthorised Construction. Status Quo Order Vacated as Society Failed to Show Distinction from Other Similarly Situated Societies Whose Regularisation Was Rejected by Supreme Court....

The appellant, Shubh Apartments CHS Ltd., a cooperative housing society, filed an appeal against an order vacating the status quo granted in its favour in a suit challenging a demolition notice issued...

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Bombay High Court Allows Appeals Against Interim Injunction in Property Dispute Over Succession and Conveyance Validity. Court holds that the trial court's order granting blanket injunction without considering balance of convenience and prima facie title was unsustainable under Order 39 Rules 1 and 2 CPC....

The judgment arises from three appeals filed by defendants against an interim order passed by the 8th Civil Judge, S.D., Thane on 3rd January 2013 in Special Civil Suit No.515 of 2012. The suit was fi...