Bombay High Court

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Bombay High Court Dismisses State Appeal Against Acquittal in SC/ST Atrocity Case — Alleged Caste-Based Insult Not in Public View as Incident Occurred Inside House, Not Within Public View Under Section 3(1)(x) of SC & ST (Prevention of Atrocities) Act, 1989....

The State of Maharashtra filed an appeal against the judgment and order dated 27th February 2002 passed by the Joint District Judge and Additional Sessions Judge, Thane, acquitting seven accused perso...

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Bombay High Court Quashes Demotion Order in Municipal Corporation Seniority Dispute — Petitioner's Seniority Overlooked in Promotion to Joint Executive Health Officer. The court held that the order promoting a junior officer over a senior officer was arbitrary and set it aside, directing consideration of the senior officer for promotion....

The petitioner, Dr. Santosh Revankar, was appointed as Medical Officer in the Municipal Corporation of Greater Mumbai on 2nd May 1991, while respondent No.4, Dr. Mangala Dnyanoba Gomare, was appointed...

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Bombay High Court Dismisses Writ Petition of 41 Agriculturists Challenging Eviction from Government Land Leased to Maharashtra State Farming Corporation. Petitioners Failed to Establish Tenancy Rights Under Maharashtra Land Revenue Code, 1966, and Were Held to Be Encroachers....

The petitioners, 41 individuals, filed a writ petition challenging their eviction from land in Rastapur, Taluka Rahata, District Ahmednagar. The land was originally government property, leased to the ...

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High Court of Bombay Allows Appeal in Railway Accident Claim — Deemed 'Accidental Fall' Not Suicide Under Section 124A(a) of Railways Act, 1989. Court holds that mere statement of guard without corroboration is insufficient to prove suicide, and presumption of bonafide passenger stands....

The appeal arises from a judgment of the Railway Claims Tribunal, Nagpur, which rejected the claim of the appellants (legal heirs of deceased Nanda Giridhar Deshbhratar) for compensation under the Rai...

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Bombay High Court Dismisses Election Petition Challenging Lok Sabha Election of Nitin Gadkari for Non-Disclosure of Cause of Action. Petition under Section 80 read with Section 100(1)(d)(iv) of the Representation of the People Act, 1951 fails as material facts not pleaded....

The petitioner, Manohar @ Sagar Pundlik Dabrase, filed an election petition under Section 80 read with Section 100(1) of the Representation of the People Act, 1951, challenging the election of respond...

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Bombay High Court Allows Appeal in Specific Performance Suit — Oral Agreement Not Proved. Plaintiff failed to establish oral agreement, payment of consideration, and suit was barred by limitation under Article 54 of the Limitation Act, 1963....

The appellants (original defendant nos. 2 to 4) challenged the judgment and decree dated 18/02/2014 passed by the learned Judge, City Civil Court, Mumbai, decreeing Civil Suit No. 8509 of 1994 filed b...

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Bombay High Court Dismisses State Appeal Against Acquittal in Dowry Death Case Due to Lack of Specific Allegations and Absence of Abetment. The court held that general allegations of ill-treatment without particulars are insufficient to sustain conviction under Sections 498A and 306 IPC....

The State of Maharashtra appealed against the acquittal of five accused persons (respondents) by the 6th Ad-hoc Sessions Judge, Pune, for offences under Sections 498A (cruelty) and 306 (abetment of su...

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Bombay High Court Dismisses Revenue's Appeal in Income Tax Block Assessment Case — Upholds Tribunal's Deletion of Additions. No substantial question of law arose as the Tribunal's findings of fact were based on appreciation of evidence under Section 158BC of the Income Tax Act, 1961....

The Revenue filed an appeal under Section 260A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal, Mumbai, dated 05 July 2016, which upheld the order of the Commissione...

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Bombay High Court Allows Restoration of Suit Dismissed in Default in Partition Suit. Courts Must Consider Sufficiency of Cause Under Order 9 Rule 9 CPC Even After Dismissal of Appeal....

The petitioner, Rajendra Mohanlal Paliwal, filed a suit for partition and separate possession in 2004. The suit was dismissed in default by the trial court on 25/02/2010 because the plaintiff was abse...