Bombay High Court

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Bombay High Court Quashes Port Trust Demurrage Circular for Lack of Authority. Traffic Manager Cannot Levy Demurrage Without TAMP Approval Under Major Port Trusts Act, 1963....

The petitioners, M/s Kundil Sponge Iron Limited and its director Vijay Kashyap, filed a writ petition under Article 226 of the Constitution of India challenging a circular dated 11 June 2009 issued by...

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Bombay High Court Allows PIL Seeking Mandamus Against Village Panchayat for Non-Compliance with Section 4 RTI Act. Court Directs Proactive Disclosure of Information Within Three Months....

The petitioner, Roshan Luke Mathias, filed a Public Interest Litigation (PIL) before the Bombay High Court at Goa, seeking a writ of mandamus to compel the Village Panchayat of Candolim (Respondent No...

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Bombay High Court Allows Letters Patent Appeal Against Single Judge's Dismissal of Writ Petition Challenging Eviction Order on Ground of No Service. Failure of Natural Justice and Invalid Service Under Section 32(4) of Goa, Daman and Diu Buildings (Lease, Rent and Eviction) Control Act, 1968....

The case involves a Letters Patent Appeal filed by the appellant, a tenant, against the judgment and order dated 13.08.2010 of a learned Single Judge of the Bombay High Court at Goa, dismissing Writ P...

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Bombay High Court Allows Writ Petition by Co-operative Housing Society Against Registrar's Order Directing Admission of Nominee as Member. Nomination Under Section 30 of Maharashtra Co-operative Societies Act, 1960 Does Not Confer Automatic Membership; Society Must Consider Application Under Its By-laws....

The petitioner, Bhagwati Bhuvan Co-operative Housing Society Limited, challenged two orders passed by the Divisional Joint Registrar (respondent no.2) dated 9th May 2019 and the Deputy Registrar (resp...

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Bombay High Court Quashes FIR in Domestic Violence Case Due to Lack of Territorial Jurisdiction — Alleged Acts Occurred in USA, Not in India. The court held that the Domestic Violence Act, 2005 does not have extra-territorial operation and courts in India cannot assume jurisdiction over incidents that took place entirely outside India....

The petitioner, Mohammad Zuber Farooqi, filed a Criminal Writ Petition under Article 226 of the Constitution read with Section 482 CrPC seeking quashing of FIR No. 152 of 2016 registered at Bhandup Po...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Commercial Dispute. Appointment of Arbitrator by Advocate on Behalf of Party Held Valid Under Section 34 of Arbitration and Conciliation Act, 1996....

The petitioners, Cabcom Cables Limited and others, filed a petition under section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral award dated 14th January 2019 passed by a so...

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Bombay High Court Dismisses Petition Challenging Caste Scrutiny Committee's Order Invalidating 'Khatik' Scheduled Caste Certificate. The Court held that the Committee's decision was based on proper appreciation of evidence and not perverse, and that the petitioner failed to prove his caste claim....

The petitioner, Uttam Shivdas Jankar, filed a writ petition challenging the order dated 24th March 2014 passed by the Scheduled Castes, De-notified Tribes (Vimukt Jatis), Nomadic Tribes, Other Backwar...

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Bombay High Court Allows Appeal in Motor Accident Claim Case Due to Negligence of Offending Vehicle Driver — Tribunal Erred in Dismissing Claim on Ground of Contributory Negligence Without Evidence. The Court held that the Tribunal's finding of contributory negligence was without any evidence and set aside the dismissal, remanding for fresh consideration on quantum....

The present appeal was filed by the original claimants, who are the legal heirs of deceased Rajendra Kothari, challenging the Judgment and Award dated 31.03.2018 passed by the Motor Accident Claims Tr...

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Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Negligence of Bus Driver Proved, No Breach of Policy Conditions. The court upheld the award of compensation to the legal heirs of the deceased, finding that the bus driver was negligent and the insurance company failed to prove any breach of policy conditions....

The present appeal was filed by The New India Assurance Company Ltd. against the judgment of the Motor Accident Claims Tribunal, Amravati, dated 2nd May 2008 in Claim Petition No. 237 of 2006. The cla...

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Bombay High Court Dismisses Insurance Company's Appeals in Motor Accident Claims — Upholds Compensation for Third-Party Injuries. Insurer's Liability Under Section 147 of Motor Vehicles Act, 1988 Cannot Be Avoided on Ground of Breach of Policy Conditions Without Evidence of Wilful Default....

The New India Assurance Company Ltd. filed three appeals against a common judgment of the Motor Accident Claims Tribunal awarding compensation to three claimants who suffered injuries in a motor accid...