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Bombay High Court Dismisses Clerks' Petition Challenging Promotions Granted Under Civil Manual Exemption for Employees Over 45 Years. Amendment to Para 625 Providing Exemption from Higher Standard Departmental Examination Held Not Illegal, Promotions Based on Seniority-cum-Merit....

The writ petition was filed by ten senior and junior clerks employed in the Judicial District of Jalgaon, challenging the promotions of respondent nos. 5 to 12 to the post of Assistant Superintendent....

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High Court Dismisses Appeal in Motor Accident Claim Case — Insurance Company Transposed as Respondent. The court confirmed the Tribunal's award despite recognizing the potential for increased compensation due to future salary increments....

The case involved an appeal filed by the owner of the Insurance Company against a Tribunal's award in a motor accident claim. The appeal was filed jointly with the insured, but the court noted that no...

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Bombay High Court Upholds Conviction of Sister for Culpable Homicide of Brother Under Section 304 Part I IPC. Conviction based on circumstantial evidence despite hostile witnesses; sentence of 10 years rigorous imprisonment confirmed....

The appellant, Ku. Sharda Gedam, was charged with murder under Section 302 IPC for the death of her real brother, Raju Sitaram Gedam, a Police Constable. The Sessions Court convicted her under Section...

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Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence. Deceased passenger was travelling in an auto-rickshaw which overturned due to rash driving; court found contributory negligence of the deceased and reduced insurer's liability by 50%....

The appellant, The New India Assurance Company Limited, challenged the judgment and award dated 30.12.2008 passed by the Chairman, Motor Accident Claims Tribunal, Amravati, whereby respondents no. 1 t...

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Bombay High Court Allows Partition Suit of Plaintiff Coparcener Where Business Started from Ancestral Property Proceeds Constitutes Joint Family Property. Partnership Firms Run Exclusively by Family Members and Funded by HUF Nucleus Are HUF Businesses, and Plaintiff Is Entitled to Equal Share Regardless of Parental Divorce....

The plaintiff filed a suit for partition claiming a 1/20th share in properties alleged to belong to the Hindu Undivided Family (HUF) of his grandfather, Premji Velji Dholi. The plaintiff is the son of...

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Bombay High Court Allows Impleadment of Proprietor in Cheque Dishonour Case Despite Limitation Bar. Section 319 CrPC Can Be Invoked After Cognizance to Add Accused Even if Direct Complaint Would Be Time-Barred....

The petitioner, Kamal Lakhotia, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881, against Rajesh Parekh (respondent no.1) alleging dishonour of two cheques of Rs. 4,30,000 e...

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Bombay High Court Quashes Criminal Case Under UAPA Due to Limitation Bar — Charge-sheet Filed Beyond Three-Year Period Without Condonation. Offence under Section 10 of Unlawful Activities (Prevention) Act, 1967 punishable with up to two years imprisonment; cognizance barred under Section 468 CrPC as charge-sheet filed over five years after offence....

The applicant, Khalid Akhtar Abdul Latif Ahemi, filed a criminal application under Section 482 CrPC seeking to quash Regular Criminal Case No.325/2007 pending before the J.M.F.C., Court No.3, Malegaon...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Development Agreement Dispute. Court upholds award of damages for delay in handing over possession and interest under Section 34 of Arbitration and Conciliation Act, 1996....

The petitioner, BASF India Ltd., entered into an agreement dated 5.3.2002 with the respondent, Landcom Properties Pvt. Ltd., under which the respondent was to develop and let out to the petitioner on ...

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Bombay High Court Partially Allows Petition Challenging CBDT Condition of Applying 75% Income for Educational Purposes in India Under Section 10(23C)(vi) of Income Tax Act, 1961. Condition held valid but directed to be applied prospectively from assessment year 2010-2011, with stay on recovery of tax demands for earlier years subject to furnishing of security....

The petitioner, American Hotel & Lodging Educational Institute, a non-profit organization established in the United States with a branch in India, challenged an order dated 3 November 2009 issued by t...