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Bombay High Court Allows Appeal in Motor Accident Claim — Enhances Compensation Due to Error in Dependency Calculation. Gross Salary Must Be Considered for Computing Loss of Dependency Under Motor Vehicles Act, 1988, Not Take-Home Salary....

This appeal arises from a judgment and award dated 4.8.2008 passed by the Motor Accident Claims Tribunal, Wardha, in M.A.C.P. No.35/2005, whereby the appellants (claimants) were awarded compensation o...

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Bombay High Court Orders Possession to Trustees in Trust Property Dispute — Defendant's Claim of Adoption Fails. Trustees of a trust established under a Will are entitled to recover possession of a flat from a defendant who failed to prove adoption or any lawful right, as the Will prohibited alienation and the defendant was a trespasser....

The suit was filed by the trustees of a trust created under a Will dated 28th June 1994, seeking a declaration that the defendant is a trespasser and for recovery of possession of Flat No.7C, Woodland...

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High Court Dismisses Public Interest Litigation Challenging Allotment of Plots to Cooperative Housing Societies of Judges; Finds Delay and No Illegality. Allotment at Ready Reckoner Rate and Change of Reservation Under Maharashtra Regional and Town Planning Act, 1966 Held Valid; No Favouritism Shown to Judges....

This Public Interest Litigation, filed on 3 March 2011, challenged the allotment of government land to two cooperative housing societies whose members primarily included judges. The petitioner, a publ...

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Bombay High Court Dismisses Petition Challenging MHADA Housing Allotment — Petitioner's Challenge to Eligibility of Allottees Fails. Court holds that MHADA's decision to allot flats to respondents was within its administrative discretion and not arbitrary under Article 226....

The petitioner, Ved Prakash Gupta, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court challenging the allotment of flats to the second and third responde...

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Bombay High Court Allows Petition for Reimbursement of Expenses Incurred by Complainant in Criminal Case — State Directed to Pay Amount Spent on Private Advocate Due to Failure to Provide Government Pleader....

The petitioner, Gangadhar Vithobaji Kayande Patil, filed a criminal complaint in the Court of Judicial Magistrate First Class, seeking direction to register an offence. The Magistrate issued a directi...

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Bombay High Court Upholds Conviction for Murder by Burning Wife — Dying Declaration and Circumstantial Evidence Prove Guilt Under Section 302 IPC. The court held that a dying declaration recorded by an Executive Magistrate, consistent with medical evidence, can be the sole basis for conviction if it inspires confidence....

The appellant, Balasaheb Rangnath Waghmare, was convicted by the II Adhoc Additional Sessions Judge, Nashik in Sessions Case No.3 of 2003 for the murder of his wife, Rekha, by setting her on fire. The...

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Bombay High Court Dismisses Appeal Against Injunction in Bank Guarantee Invocation Dispute. Fraud Must Be Established at Invocation Stage; Bank Guarantee Is Independent Contract Between Bank and Beneficiary....

The appellant, M/s. ABG Ports Limited, filed a suit seeking a declaration that the Joint Bid Agreement (JBA), the Counter Guarantee, and its invocation by respondent no.1 (PSA International Pte Limite...

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Bombay High Court Quashes Sanction Proceedings Under Section 148 of Maharashtra Co-operative Societies Act for Lack of Jurisdiction Over Civil Dispute. Dispute Regarding Transfer of Shares and Flat in Co-operative Housing Society Held to Be Civil in Nature, Not Attracting Criminal Prosecution Under the Act....

The petitioners, including Ashok Mahadevan and others, filed a writ petition under Article 226 of the Constitution before the Bombay High Court seeking a writ of prohibition against the Divisional Joi...

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Bombay High Court Quashes FIR in Cheque Dishonour Case Due to Lack of Evidence of Debt or Liability. Complaint under Section 138 of Negotiable Instruments Act, 1881 fails as complainant failed to prove legally enforceable debt....

The petitioners, Dattatraya Kamble and Rajaram Kadam, filed a criminal writ petition under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of FIR No. 123/2012 registered at Shirur...