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Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence. Insurer of Truck held not liable as accident caused solely by bus driver's negligence, but insurer of bus liable to pay compensation with right to recover from owner....

The National Insurance Company Ltd. (appellant) filed two appeals against the judgment and order dated 18th February 2008 passed by the Motor Accident Claims Tribunal, Mumbai, in Claim Application Nos...

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Bombay High Court Allows Appeal in Specific Performance Suit Due to Denial of Oral Hearing by Successor Judge. Order XVIII Rule 2(3A) CPC Does Not Dispense with Oral Arguments When Judge Changes....

The appellant, Rukhana Associates, filed a suit for specific performance of an actionable claim and declaration against E-Square Leisure Pvt. Ltd. (formerly Ganatra Hotels Pvt. Ltd.) in the Civil Judg...

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Bombay High Court Dismisses Petition Challenging Tender Process for Aviation Support Services — No Arbitrariness Found in Extension of Bid Deadline. The court held that the extension of the bid submission deadline through a corrigendum was within the discretion of the tendering authority and not arbitrary....

The petitioners, Agni Aero Sports Adventure Academy Private Limited and Mrs. Sapna Sharma, filed a writ petition challenging the tender process initiated by the Indian Institute of Tropical Meteorolog...

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Bombay High Court Dismisses Petition Challenging Promotions of Education Extension Officers — Seniority and Reservation Rules Upheld. Petitioners failed to establish violation of Maharashtra Zilla Parishads and Panchayat Samitis (Service) Rules, 1969 in promotions of respondents....

The petitioners, five individuals initially appointed as Assistant Teachers in Zilla Parishad schools, challenged the promotion of Respondent Nos.5 to 14 to the post of Extension Officer (Education) i...

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Bombay High Court Allows Tenant's Second Appeal in Damages Suit for Illegal Electricity Disconnection — Restores Trial Court's Decree Awarding Rs. 1,00,000. Suit for Damages Governed by Article 113 of Limitation Act, 1963, and Right to Sue Accrues on Actual Loss, Not on Date of Wrongful Act....

The plaintiff, Deepak Chaturaji Tabhane, was a tenant in a shop owned by the defendants, Sunanda Tanmane and others, at Plot No. 162, Ashok Nagar, Nagpur. He ran a general store selling daily need art...

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Bombay High Court Dismisses Wife's Objection to Execution of Decree for Specific Performance. Objection by judgment debtor's wife that she was not a party to the suit rejected as decree binding on judgment debtor....

The petitioner, Mrs. Mary Martinha De Monte Furtado, filed a writ petition challenging an order dated 18-2-2009 passed by the learned Civil Judge, Senior Division, Margao, dismissing her objections to...

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Bombay High Court Allows Bank's Revision Against Rejection of Application to File Written Statement in Suit for Recovery of Loan Amount. The Court held that the trial court erred in rejecting the bank's application under Order 8 Rule 1 CPC for condonation of delay in filing written statement, as the bank had shown sufficient cause for the delay....

The Saraswat Co-operative Bank Limited (formerly Maratha Mandir Co-operative Bank Limited) filed a Civil Revision Application before the Bombay High Court against an order dated 25th June 2008 passed ...

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Bombay High Court Upholds Reinstatement of Workman in Unfair Labour Practice Case — Management Failed to Prove Assault Charge. Labour Court's finding that misconduct was not proved due to lack of medical evidence and unreliable oral testimony was affirmed, and reinstatement with full back-wages was upheld under the MURTU & PULP Act....

The case involves an appeal by Masina Hospital (the management) against a common order of a Single Judge of the Bombay High Court, which upheld the Labour Court's decision in favor of the workman, Har...

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Bombay High Court Allows Writ Petition Challenging Revisional Order on Valuation of Suit Under Maharashtra Rent Control Act — Court Holds That Order on Valuation of Suit Is a Procedural Order Not Affecting Rights and Liabilities, Hence Not Revisable Under Section 34(4) of the Maharashtra Rent Control Act....

The petitioner, Narayan Lachmandas Mathreja, granted a license to the respondent, M/s Savanah Hospitality Pvt. Ltd., to use premises at Galaxy Garden, Koregaon Park, Pune, under an agreement styled as...

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Bombay High Court Acquits Accused in Child Rape Case Due to Inconsistent Evidence and Lack of Corroboration. Conviction under Section 376(2)(f) IPC Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt....

The appellant, Damodhar Rambhau Inchal, was convicted by the Additional Sessions Judge, Aurangabad in Sessions Case No. 102 of 2008 for offences under Section 376(2)(f) and Section 342 of the Indian P...