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Bombay High Court Dismisses Appeal by Truck Owner in Motor Accident Claim — Contributory Negligence of Both Drivers Upheld. Injured passenger awarded Rs.1,35,000/- for amputation of both legs; owner's insurer absolved due to breach of policy conditions....

The appellant, Sikhandar Khan Rashid Khan, owned a truck (MWA 5169) that was involved in a collision with another truck (MWU 7175) on 26 April 1988 on Bombay Agra Road while crossing a culvert over Pu...

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Bombay High Court Quashes FIR Against Husband in Matrimonial Dispute — Consent Terms for Quashing of Cross FIRs Upheld Despite Non-Deposit of Amount Due to Wife's Refusal to Accept. The Court held that the wife's refusal to accept the deposited amount and filing a fresh FIR constituted an abuse of process, and the earlier consent terms were binding....

The petitioner, Rakesh Lilaram Rohira, and respondent no. 2, Priyanka Rakesh Rohira, were married on 14 July 2006. After about a year of cohabitation, they filed a divorce petition by mutual consent i...

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Bombay High Court Quashes Criminal Defamation Process Against Society Members for Lack of Specific Allegations. Complaint under Sections 500, 501, 34 IPC fails to identify which accused published the alleged defamatory letter....

The petitioners, six residents of Om Arpan CHS Ltd., Thane, were accused in Regular Criminal Case No.614/2006 under Sections 500 and 501 read with Section 34 IPC, pending before the JMFC, 2nd Court, T...

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Bombay High Court Allows Section 11 Application and Appoints Arbitrator Despite Non-Compliance with Pre-Arbitration Procedure. Respondent's Failure to Object to Invocation of Arbitration Constitutes Waiver of Condition Precedent Under Clause 67 of General Conditions of Contract....

The applicant, M/s. Madhav Structural Engineering Ltd., filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of an arbitrator for disputes arising o...

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Bombay High Court Dismisses MTNL's Petition Challenging Reinstatement of Casual Labourer for Violation of Section 25F of Industrial Disputes Act. Termination Without Notice or Compensation Renders Retrenchment Illegal, and MTNL is an Industry Under Section 2(j)....

The petitioner, Mahanagar Telephone Nigam Ltd. (MTNL), challenged an award of the Central Government Industrial Tribunal (CGIT) No. II, Mumbai, which directed reinstatement of the first respondent, De...

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Bombay High Court Allows Landowners' Petition in Urban Land Ceiling Exemption Case — Quashes Penalty and Directions Restricting Registration and Plan Sanction. Exemption Under Section 20(1) of Urban Land (Ceiling and Regulation) Act, 1976, Is Complete and Cannot Be Subjected to Further Conditions or Penalties....

The petitioners, owners of land in Thane District, challenged two letters: one dated 11-2-2009 directing the Municipal Council and Sub-Registrar not to sanction plans or register documents for flats c...

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Bombay High Court Quashes Cess Demand Against Small Scale Unit in MIDC Area for Lack of Jurisdiction. NMMC Cannot Levy Cess on Industrial Premises Outside Its Municipal Limits Under Section 127 of the Bombay Provincial Municipal Corporations Act, 1949....

The petitioners, M/s Sargam Foods Pvt. Ltd. and its director, challenged the order dated 29th November 2007 passed by the Cess Officer of the Navi Mumbai Municipal Corporation (NMMC) and the prohibito...

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Bombay High Court Dismisses Challenge to NMMC's Property Tax Levy on MIDC Industrial Area. TTC Area Held to Be Within Municipal Limits Under 1991 Notification; No Direction to Constitute Industrial Township....

The petitioners, including Small Scale Entrepreneurs Association and Mahape Industries Welfare Association, filed a writ petition under Article 226 of the Constitution challenging the action of the Na...

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Bombay High Court Dismisses Writ Petition Seeking Pensionary Benefits Due to Disputed Fact and Lack of Legal Heir's Right to Pension. Option to Continue Existing Scale for Pension Purposes Was Allegedly Given After Cut-Off Date, and Legal Heirs Have No Independent Right to Pension....

The petitioner, originally Sumanbai Kurdukar (since deceased, represented by legal heir Raghvendra Joshi), filed a writ petition seeking directions to the respondents to fix her pay by taking into con...

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Bombay High Court Quashes 'No Cross' Order in NI Act Case — Right to Cross-Examine Cannot Be Denied Without Giving Opportunity. Accused's Right to Cross-Examine Complainant's Witness Is a Valuable Right and Cannot Be Extinguished by Defaulting on Costs....

The petitioner, original accused in a complaint under Section 138 of the Negotiable Instruments Act, 1881, filed a Criminal Writ Petition under Articles 226 and 227 of the Constitution of India before...