Bombay High Court

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Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim Case — Reduces Compensation Due to Lack of Proof of Income and Negligence. Claimants failed to establish deceased's income and contributory negligence was not considered, leading to reduction in award under Motor Vehicles Act, 1988....

The case arises from a motor accident claim filed by the legal representatives of Ananta Nana Chaudhari, who died in a road accident on 22nd September 2015. The deceased was riding a motorcycle when h...

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Bombay High Court Dismisses Habeas Corpus Petitions Challenging Judicial Custody Beyond 15 Days Under Section 309(2) Cr.P.C. — Remand Orders Not Vitiated as Petitioners Failed to Show Prejudice or Illegality....

The petitioners, Harshad Dinanath Bari and Ravindra Vasudev Bari & Ors., were accused in Boisar police station C.R. No. I-267/2017 (MPID Case No. 2 of 2018) for offences punishable under Sections 406,...

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Bombay High Court Dismisses Writ Petitions Against DRT Order in Debt Recovery Case — Bank Entitled to Recover Debt Under RDB Act. DRT Has Inherent Power to Reject Frivolous Counterclaim Without Recording Evidence, and High Court Should Not Interfere When Alternative Remedy of Appeal Exists....

The case involves two writ petitions arising from proceedings before the Debt Recovery Tribunal (DRT) under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (RDB Act). The first...

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Bombay High Court Dismisses Writ Petition Against Rejection of Order 7 Rule 11 CPC Application in Eviction Suit — Maintainability Under Article 227 Not Available When Revision Under Section 115 CPC Lies. Composite Application Including Issues Beyond Plaint Rejection Does Not Convert Order into One Not Subject to Revision....

The petitioner, Jasraj Lalaji Oswal, was the defendant in Civil Suit No. 9 of 2016 filed by the respondents (plaintiffs) seeking his eviction. In that suit, the petitioner filed an application under O...

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Bombay High Court Allows DNB Trainee Doctors' Petition Against Stipend Reduction. Court holds that stipend reduction by Railway Hospital violates principles of legitimate expectation and fairness, directing restoration of original stipend....

The petitioners, a group of doctors pursuing postgraduate DNB courses at Jagjivan Ram Railway Hospital, Mumbai, filed a writ petition challenging the reduction of their stipend by the Medical Director...

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Bombay High Court Dismisses Contractor's Writ Petition Challenging Disqualification in Tender Process; Holds Filing of False Documents Renders Bidder Ineligible. The Court Rules That Lowest Bidder Acquires No Vested Right Before Final Approval by Competent Authority, Upholding Rejection Under Clause Permitting Rejection of Any Tender....

The writ petition arose from a tender floated by the Maharashtra State Road Transport Corporation for reconstruction of a bus stand at Beed. The petitioner, a private contractor, submitted its bid and...

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Bombay High Court Declares Preventive Detention Under Section 151 CrPC Illegal for Lack of Subjective Satisfaction and Non-Compliance with Procedural Safeguards. Petitioners' Detention by Police Officers Violated Article 21 as Magistrate Did Not Record Satisfaction of Likely Breach of Peace....

The petitioners, Kishor Laxmanrao Futane and Dr. Indraprasad Kishor Futane, filed a criminal writ petition before the Bombay High Court at Nagpur, alleging illegal and high-handed detention by respond...

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Bombay High Court Dismisses Second Appeals in Property Sale Dispute, Upholds Concurrent Findings of Valid Sale and Possession. Agreement for Sale and Sale Deed for Agricultural Land Upheld as Self-Acquired Property Not Subject to Coparcenary Rights....

The case involves two second appeals arising from a property dispute. The appellants, who are the wife, daughters, and son of Ramesh Krushnarao Deshmukh, challenged a sale deed executed by Ramesh in f...

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Bombay High Court Allows Second Appeal in Property Dispute, Holds That Evidence Act Sections 91 and 92 Do Not Bar Proof of Oral Agreement That Document Was Not Intended to Be Acted Upon. The court ruled that a defendant need not file a separate suit for specific performance to rely on an agreement of reconveyance as a defence....

The present second appeal arises from a property dispute between the original plaintiff (respondent) and the original defendant (appellant). The plaintiff filed a suit for declaration and permanent in...