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Bombay High Court Dismisses Widow's Claim Over Shares in Favor of Nominee Under Section 109A Companies Act — Nomination Confers Beneficial Ownership on Nominee to the Exclusion of Legal Heirs...

The plaintiff, Harsha Nitin Kokate, married Nitin Kokate on 3 December 2004. Her husband expired on 5 July 2007. Nitin Kokate held shares in a demat account with the Depository Participant Cell of Def...

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High Court Rules on Reference Scope in Silver Confiscation Case Under Customs Act. Reference Question Limited to Silver Confiscated Under Section 120(2), Not Entire Seized Quantity....

The matter arose from a reference made by the Customs, Excise and Gold (Control) Appellate Tribunal (CEGAT) to the High Court of Bombay under Section 130(3) of the Customs Act, 1962. The applicants, M...

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Bombay High Court Allows State's Writ Petition in Sales Tax Appeal Maintainability Case — Right of Appeal Under Section 55(1)(c) of Bombay Sales Tax Act, 1959 Includes State Government. The State is a 'person aggrieved' by a Commissioner's determination under Section 52 and can appeal to the Tribunal....

The State of Maharashtra filed a writ petition under Article 226 of the Constitution challenging the decision of the Sales Tax Tribunal dated 30 June 2008, which held that an appeal filed by the State...

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Bombay High Court Allows Appeals by Claimants in Motor Accident Claims for Deaths in Autorikshaw Collision with Truck — Negligence of Truck Driver Established, Contributory Negligence Not Proven. Compensation Enhanced with Multiplier 17, Future Prospects, and 7.5% Interest....

The appeals arise from a motor accident claim where three deceased persons (Madhukar Dabhalkar, Kailash Bathe, and Kadusing Rajput) died in a collision between an autorikshaw and a truck on 14.07.2000...

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Bombay High Court Dismisses Trade Unions’ Petitions Challenging Sale of Assets by Secured Creditor Under SARFAESI Act. Sale of properties of company in liquidation by PMC Bank after assignment of debts held valid; alternative remedy under Section 17 of SARFAESI Act available and writ jurisdiction not invoked....

The disputes arose from the winding up of M/s. Navinon Limited under the orders of the Bombay High Court, with the Official Liquidator appointed. The company had mortgaged its immovable properties to ...

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High Court Quashes Criminal Proceedings Against Accused in Matrimonial Case Due to Compromise and Cohabitation. Criminal Application Allowed as Complainant-Wife Filed Affidavit Expressing No Grievance and Residing with Husband, Rendering Continuation of Prosecution Futile....

The matter arose from a matrimonial dispute where the wife had filed a criminal complaint against her husband and his relatives, leading to registration of C.R. No. 24/2008 at Khultabad police station...

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Bombay High Court Acquits Accused in Murder Case Due to Lack of Direct Evidence and Unreliable Circumstantial Evidence. Conviction under Section 302 IPC Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt....

The appellant, Rangnath Bhagwanta Pawar, was convicted by the learned Ad-hoc Additional Sessions Judge-I, Jalgaon, in Sessions Case No.55 of 2007 for the murder of his wife Savita under Section 302 of...

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High Court Dismisses Appeals in Land Acquisition Matter — Upholds Compensation Determination. The court confirmed the compensation amount of Rs.21,000/- per kattha as justified based on the doctrine of average and relevant precedents under the Land Acquisition Act, 1894....

The judgment involved a batch of appeals concerning land acquisition compensation in the State of Bihar. The appellants included multiple individuals challenging the compensation awarded by the refere...

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Bombay High Court Dismisses Second Appeal in Municipal Lease Dispute — Lease Term Fixed at 30 Years Not Permanent. Court holds that a lease for a fixed term does not become permanent merely because the lessee was permitted to make permanent constructions....

The case involves a second appeal by the defendants against a decree of attachment passed by the trial court and confirmed by the lower appellate court. The plaintiff, Municipal Council, Saoner, owned...