Bombay High Court

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Bombay High Court Quashes Detention Order Under PASA Act for Non-Application of Mind and Procedural Lapses. Detenu's Preventive Detention Set Aside as Subjective Satisfaction Was Not Properly Recorded and Grounds of Detention Were Not Communicated in Time....

The petitioner, Nitin Bhimabhai Patel, was detained under the Gujarat Prevention of Anti-Social Activities Act, 1985 (PASA Act) by orders dated 14/03/2019, 17/03/2019, and 20/03/2019 passed by the Det...

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Bombay High Court Allows Petition of Company in Stamp Duty Adjudication Case — Holds Adjudication Under Section 31 of Bombay Stamp Act, 1958 Final and Binding. Reopening of Adjudication After 20 Years Under Section 53A Is Without Jurisdiction and Barred by Delay....

The petitioner, Hindustan Unilever Ltd., filed a Writ Petition under Article 226 of the Constitution of India before the Bombay High Court challenging an order dated 25th January 2018 passed by the Co...

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Bombay High Court Dismisses Management Petitions Challenging Tribunal Orders of Reinstatement and Back Wages for Teachers. School Tribunal has jurisdiction under Section 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 to entertain appeals against termination of services of employees of private schools....

The Bombay High Court dismissed four writ petitions filed by Bharati Vidyapeeth and its school authorities challenging the orders of the School Tribunal, Pune, which had set aside the termination of s...

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Bombay High Court Allows Furlough to Convicts Despite Past Overstay, Emphasizes Reformative Purpose of Furlough. Furlough is a right of a prisoner and cannot be denied solely on ground of past overstay without considering subsequent good conduct and period of incarceration....

The judgment pertains to two criminal writ petitions filed by convicts Satish Shankarrao Shinde and Nagnath Bapurao Sontakke, challenging the rejection of their furlough applications by the prison aut...

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Bombay High Court Upholds Conviction for Murder in Land Dispute Case — Life Imprisonment Maintained for Three Accused. Common Intention Under Section 34 IPC Established as All Accused Participated in Assault on Deceased Step-Brother....

The appeal arises from a judgment of the Additional Sessions Judge, Vaijapur, convicting three appellants for the murder of Baburao Dhanad, who was the step-brother of appellants No.1 and 2 and step-s...

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High Court of Bombay Dismisses Insurer's Appeal in Motor Accident Claim — Deceased Thrown Out of Jeep Due to Rash Driving. Negligence of Driver Proved and Deceased Not a Gratuitous Passenger in a Goods Vehicle, Insurer Liable....

The case arises from a motor accident claim filed by the parents of a deceased 22-year-old man. On 22.12.2008, the deceased was travelling in a jeep owned by respondent No. 3 and driven by respondent ...

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Bombay High Court Dismisses Election Petition for Non-Disclosure of Cause of Action in Gadchiroli-Chimur Lok Sabha Constituency Dispute. Alleged Discrepancy of 62 Votes in Final Tally Does Not Constitute a Cause of Action Under Section 100(1)(d)(iv) of the Representation of the People Act, 1951....

The petitioner, Dr. Rameshkumar Bapuraoji Gajbe, contested the election to the 17th Lok Sabha from the Gadchiroli-Chimur Constituency as a candidate of the Vanchit Bahujan Aghadi. He lost to responden...

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Bombay High Court Quashes Order for Pre-Deposit of 20% Cheque Amount in NI Act Case — Section 143A Not Retrospective. Section 143A of Negotiable Instruments Act, 1881, inserted by Amendment Act of 2018, is prospective and does not apply to complaints filed before its commencement....

The petitioner, Ashok Ratanlal Khatod, challenged an order passed by the Judicial Magistrate First Class, Wani, in Summary Criminal Case No. 1818/2018, directing him to deposit 20% of the cheque amoun...

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High Court of Bombay Upholds Compensation Award in Motor Accident Claim — Insurer Liable Despite Discrepancy in Vehicle Registration Number. The court held that the insurer failed to prove that the vehicle involved was not insured, and the minor typographical error in the registration number did not absolve liability under the Motor Vehicles Act, 1988....

The case arises from a motor accident claim filed by the respondent no.1 (original applicant) before the Motor Accidents Claims Tribunal (MACT), Mumbai. On 11th July 2004, the applicant was travelling...

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Bombay High Court Dismisses Tenant's Revision in Eviction Suit — Partnership Firm Not a Necessary Party Under Order 30 CPC. The court held that Order 30 Rule 1 CPC is permissive and non-joinder of a partnership firm does not vitiate eviction proceedings against individual partners....

The applicant, a tenant (son of the original tenant), filed a Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908 (CPC) against the dismissal of his appeal by the Distric...