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Bombay High Court Allows Appeal in Motor Accident Claim — Insurance Company Held Liable Despite Cheque Dishonour. Policy Cancellation Not Proved; Insurer Must Pay No-Fault Compensation Under Section 140 of Motor Vehicles Act, 1988....

The appellant, Subhash Dadaji Awchat, an agriculturist, filed a claim for compensation under Section 166 of the Motor Vehicles Act, 1988, for injuries sustained in a motor vehicle accident. He was tra...

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Bombay High Court Dismisses Petition Challenging Pre-Condition of Physical Verification in Tender Process. Court upholds uniform application of condition to all bidders, finding no arbitrariness or discrimination under Article 14....

The petitioner, Surinder Singh, sole proprietor of Bharat Construction Co., filed a writ petition challenging the introduction of a pre-condition of physical verification of machinery before opening P...

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Bombay High Court Decides Criminal Appeals Against Conviction Under Sections 302, 326, 324, 323 Read with Section 34 of the Indian Penal Code. The Incident Stemmed from a Neighbourhood Dispute Over Drain Water and Resulted in Homicidal Death and Grievous Injuries; Defence Claimed Self-Defence but Trial Court Rejected It....

The case arose from a neighbourhood dispute over drain water between the complainant Chanappa Kumbhar's family and the accused family. On 3 July 1988 at about 5:30 a.m., the complainant was shouting a...

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Bombay High Court Dismisses Petitioner's Challenge to State Commission's Order Setting Aside Attachment in Consumer Dispute. Earlier writ petition challenging same order dismissed for non-prosecution; no fresh cause of action shown....

The petitioner, R.B. Upadhyay, filed a consumer complaint against Vodafone Essar Ltd. (respondent No.2) for deficiency of service on 20 March 2008, along with an application for interim relief. On 24 ...

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Bombay High Court Allows Writ Petition for Interest on Seized Amount Returned Without Interest Under FERA. Court holds that interest is payable on amounts seized and retained by the Enforcement Directorate when ultimately returned to the owner, applying principles of restitution and equity....

The petitioners, M/s R.K. Jewellers (a partnership firm) and M/s N.B. Exports (a proprietary concern), filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court...

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Bombay High Court Allows Second Appeal in Property Title Suit — Reverses First Appellate Court's Decree for Declaration of Title and Possession. Held that the first appellate court failed to properly consider the evidence regarding adverse possession and the plaintiffs' title, and the second appeal was maintainable on substantial questions of law....

The case involves a second appeal filed by the original defendants against a decree of declaration of title, delivery of possession, and mesne profits passed by the learned Joint District Judge, Auran...

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Bombay High Court Quashes Abetment of Suicide Case Against Wife and In-Laws — No Instigation or Intent to Aid Suicide Found. Allegations of Refusal to Return to Matrimonial Home and Demand to Stay at Parental Village Do Not Constitute Abetment Under Section 306 IPC....

The petitioners, Mandakini Kiran Landge (wife of the deceased), Hirabai Jagannath Markad (mother of petitioner No.1), and Dadasaheb Rambhau @ Bhaurao Bhapse (brother-in-law of petitioner No.1), filed ...

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High Court Dismisses Petition for Counting Ad Hoc Service in ACP Scales Due to Supreme Court Precedents. Court ruled that only regularized service is eligible for ACP scales, excluding ad hoc service as per established legal principles....

The case involved a writ petition filed by Avtar Singh and others seeking the counting of their ad hoc service for the purpose of ACP scales under the 4th Punjab Pay Commission. The petitioners conten...

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Bombay High Court Allows Writ Petition Challenging Land Acquisition for School Playground — Notification Quashed for Non-Compliance with Section 5A of Land Acquisition Act, 1894. The court held that the mandatory requirement of giving an opportunity to be heard under Section 5A was not complied with, vitiating the acquisition proceedings....

The petitioners, heirs of agricultural tenants of land bearing Survey Nos. 95/11, 95/3, and 95/4 in village Nuve, Goa, filed a writ petition seeking a writ of mandamus commanding the State of Goa and ...

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Bombay High Court Allows Maintenance to Second Wife in Bigamous Marriage Under Hindu Marriage Act, 1955 — Section 25 Entitles a Woman Whose Marriage is Declared Null and Void to Claim Maintenance Despite Invalidity of Marriage...

The case involves an appeal by Mangala Bhivaji Lad (also known as Mangala Dhondiba Aher) against the judgment of the Family Court, Mumbai, which declared her marriage to Dhondiba Rambhau Aher as null ...