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Bombay High Court Reconsiders Promoter's Right to Additional Construction Under MOFA After Supreme Court Remand. Dispute Centers on Whether Section 7A Overrides Flat Purchasers' Consent Requirement for Additional Wings in an Existing Scheme....

The Bombay High Court heard two first appeals remanded by the Supreme Court in a dispute between Madhuvihar Cooperative Housing Society (the society) and Jayantilal Investments, a promoter. The societ...

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Bombay High Court Upholds Conviction for Grievous Hurt Under Section 325 IPC — Common Intention Established by Presence and Participation. Petitioners convicted for causing grievous hurt with a stick, sentence of six months SI and fine of Rs.500 upheld....

The petitioners, Rajaram Dada Tikule, Dada Bhau Tikule, and Sopan Khandu Tikule, were convicted by the Judicial Magistrate First Class (J.M.F.C.) for the offence punishable under Section 325 read with...

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Bombay High Court Acquits Accused in Murder Case Due to Unreliable Eyewitness and Lack of Corroboration. Conviction under Section 302 IPC set aside as sole eyewitness testimony was inconsistent and not supported by other evidence....

The appellant, Mohammad Umar Hafij, was convicted by the II Ad hoc Additional Sessions Judge, Thane, for the murder of Najmunnisa under Section 302 of the Indian Penal Code and sentenced to life impri...

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Bombay High Court Allows Writ Petition of Nigerian National in Customs Confiscation Case — Orders Release of Life-Saving Medicines and Miscellaneous Items. Detention of Passport for 75 Days Held Unauthorized; Confiscation of Medicines Set Aside as Goods Were Not Prohibited and Petitioner Had Valid Documents....

The petitioner, Okwy Shedrack Akpuba, a Nigerian national and businessman dealing in medicines, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court. He so...

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Bombay High Court Allows Revision in Rent Control Case — Tenant's Eviction Set Aside Due to Lack of Proper Notice Under Section 12(3) of the Bombay Rent Act. Landlord failed to prove valid termination of tenancy as notice under Section 12(3) was not served in accordance with law....

The case arises from a civil revision application filed by the original defendant, Subhash Sambhashiv Bona Pawar, challenging the judgment and order dated 25th February 2004 passed by the 2nd Joint Ci...

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Bombay High Court Quashes Custodian's Order for Lack of Jurisdiction in Evacuee Property Restoration Case. Custodian of Evacuee Property Had No Authority to Entertain Application Under Section 15 of Goa Administration of Evacuee Property Act, 1964....

The petitioners, legal heirs of late Jorge Anibal de Matos Sequiera, filed an application under Section 15 of the Goa Administration of Evacuee Property Act, 1964 before the Custodian of Evacuee Prope...

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Bombay High Court Allows Appeal in Motor Accident Claim Case Due to Erroneous Appreciation of Evidence by Tribunal. Claimant Proves Rash and Negligent Driving Through Panchanama and Witness Testimony Under Motor Vehicles Act, 1988....

The appellant, Shri Anant Sahadev Parsekar, filed a claim petition under the Motor Vehicles Act, 1988, seeking compensation for injuries sustained in a road accident on 25/5/1996. He alleged that whil...

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Bombay High Court Dismisses State's Appeal in Land Acquisition Severance Compensation Case. Severance charges at half the rate upheld for landlocked parcel due to acquisition for irrigation canal....

The State of Goa and the Special Land Acquisition Officer appealed against the judgment of the Reference Court dated 27/09/2004, which awarded severance charges to the respondent, Mrs. Maria Hayde Sof...

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High Court of Bombay at Goa Allows Appeal in Land Acquisition Case — Market Value Enhanced to Rs.66 per Square Metre for Konkan Railway Project. Comparable Sale Deeds of Nearby Land at Rs.64 and Rs.66 per Square Metre Form Basis for Valuation Under Section 23 of Land Acquisition Act, 1894....

The case arises from the acquisition of 23,900 square metres of land belonging to the appellant, Smt. Shrimati Vishwanath Acharya (since deceased, represented by legal heirs), situated in Peddem ward ...