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Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Insurer Fails to Prove Breach of Policy Terms. The court held that vague statements in FIR are insufficient to prove overloading and that the insurer must lead independent evidence to establish breach of policy conditions....

The appeal arose from a judgment and award dated 28.2.2007 passed by the Motor Accident Claims Tribunal, Akola in M.A.C.P. No.5/1999. The dispute involved a jeep bearing registration No. MH-30-B-11978...

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Bombay High Court Quashes Detention Order Under Maharashtra Prevention of Dangerous Activities Act, 1981 for Non-Application of Mind and Lack of Compelling Necessity. The court held that failure to consider the petitioner's custody status and the staleness of incidents rendered the detention order invalid....

The petitioner, Allauddin @ Nigro @ Babu Chand Sayyed, was detained under the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drugoffenders, Dangerous Persons and Video Pirat...

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Bombay High Court Allows Recall of Order Dismissing Appeal Due to Advocate's No Instructions, Restores Appeal. Court Condoned 828-Day Delay as Applicant Was Misled by Advocate's Assurances....

The case involves a Notice of Motion filed by H.P. Mehta (the applicant) seeking condonation of a delay of 828 days in filing the motion and recall of an order dated 15 February 2010 passed by a Divis...

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Bombay High Court Grants Bail to Alleged Maoist Members in UAP Act Case — Insufficient Evidence of Terrorist Activity. Mere Membership of Banned Organization Without Active Participation Does Not Attract Stringent Bail Restrictions Under Section 43D(5) of Unlawful Activities (Prevention) Act, 1967....

The judgment concerns two bail applications filed by Jyoti Babasaheb Chorge (Accused No.4) and Sushma Hemant Ramtekke (Accused No.2) in Sessions Case No.655 of 2011 pending before the Additional Sessi...

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Bombay High Court Sets Aside CAT Order in Railway Employee Removal Case — Remands for Fresh Consideration on Compliance with IRVM Paras 704/705 and Competent Authority Issue. The Tribunal failed to consider whether charges were proved despite procedural irregularities, as required by Moni Shankar v. Union of India....

The Union of India and others filed a writ petition under Article 226 of the Constitution of India challenging the decision of the Central Administrative Tribunal, Bombay Bench, dated 12.9.2011 in Ori...

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Bombay High Court Allows Appeal by Public Trust in Property Dispute — Civil Court Jurisdiction Not Barred Under Sections 79 and 80 of Bombay Public Trust Act. Suit for Declaration of Ownership and Recovery of Possession by Trust Against Third Parties is Maintainable Under Section 50 of the Act....

The present appeal arises from a suit filed by Seth Kasturmal Dalsukh Dharmashala, a public trust registered under the Bombay Public Trust Act, 1950 (B.P.T. Act), through its trustees, against the res...

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Bombay High Court Allows Wife's Revision in Maintenance Case Under Section 125 CrPC — Family Court Erred in Dismissing Claim Without Proper Consideration of Evidence. Marriage in Gandharva Form is Valid Hindu Marriage and Wife Entitled to Maintenance if Husband Neglects to Maintain....

The case involves a criminal revision application filed by Meerabai Vaidya against her husband Bhimrao Vaidya challenging the dismissal of her maintenance petition under Section 125 of the Code of Cri...

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Bombay High Court Dismisses MSEB's Petition Challenging Labour Court Award — Termination of Employee Without Domestic Enquiry Set Aside. Service Regulations of Electricity Board Cannot Override Model Standing Orders Under Industrial Employment (Standing Orders) Act, 1946....

The case involves a writ petition filed by the Maharashtra State Electricity Board (MSEB) challenging an award of the Labour Court, Nagpur, which set aside the termination of an employee, Vistri Gunja...

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Bombay High Court Dismisses Appeal of Competing Kerosene Dealer for Lack of Locus Standi. Mere Competitor Not a Person Aggrieved Under Articles 226 and 227 of the Constitution of India....

The appellant, Rajendra Agrawal, a semi-wholesale kerosene dealer in Murtizapur, filed a Letters Patent Appeal against the order of a Single Judge dismissing his Writ Petition No. 5993/2010 for lack o...