Bombay High Court

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High Court of Bombay at Goa Allows Criminal Writ Petition Seeking Concurrent Sentences Under Section 427 CrPC in Cheque Dishonour Cases. Sentences of Imprisonment Under Section 138 of Negotiable Instruments Act, 1881 Directed to Run Concurrently Considering Totality of Circumstances....

The petitioners, Mr. Krishna Venkatesh and Carl David Holiday Resorts Pvt. Ltd., were convicted by the Judicial Magistrate First Class at Mapusa, Goa, in four separate criminal cases under Section 138...

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Bombay High Court Dismisses Insurance Company's Appeals in Motor Accident Claims — Negligence of Maruti Van Driver Upheld. Compensation Awarded to Legal Heirs of Deceased Rider and Injured Pillion Riders Under Section 166 of Motor Vehicles Act, 1988....

The case involves three appeals filed by The New India Assurance Co. Ltd. against judgments and awards of the Claims Tribunal, Raigad, in three motor accident claim petitions. The accident occurred on...

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Bombay High Court Allows Appeal in Motor Accident Claim Case Due to Erroneous Contributory Negligence Finding and Inadequate Compensation. The Court held that a passenger cannot be held guilty of contributory negligence merely because the bus driver was negligent, and applied correct multiplier and deductions as per settled law....

The appeal arises from a judgment and award dated 25.3.1997 passed by the Motor Accidents Claims Tribunal, Satara in MACP No.414 of 1992. The appellants, being the husband and two minor daughters of t...

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Bombay High Court Upholds Travel Permission for Accused in POCSO Case — Accused Allowed to Travel to US for Ten Months with Cash Security. Special Court's Order Relaxing Bail Conditions Upheld as No Perversity Found; Accused Must Return by 30.06.2020 and Attend Police Station Upon Return....

The petitioner, Maria Kuttubudin Lokhandwala, filed a criminal writ petition challenging an order dated 22.08.2019 passed by the learned Special Judge, Sessions Court at Greater Bombay in Special (POC...

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Bombay High Court Dismisses Revision Against Obstructionist Notice in Eviction Execution — Successor-in-Interest Cannot Resist Possession After Tenant's Undertaking to Vacate...

The case arises from an eviction suit filed by the original plaintiff (landlord) against the original defendant (tenant) in respect of Room No.8 at Krishna Bhuvan, Mumbai. The suit was decreed on 4 No...

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High Court Dismisses Revision Against Consent Decree in Property Suit — Co-operative Society Cannot Challenge Compromise Without Impleading Chairman Alleged of Mala Fides. Consent decree under Order 23 Rule 3 CPC upheld as valid compromise binding on society....

The case involves a Civil Revision Application filed by Nira and Palm Product Producers Co-operative Society Ltd. and its Secretary, Director, and a member against the legal heirs of the original plai...

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Bombay High Court Dismisses Petition Challenging Arbitral Award Under Section 34 of Arbitration Act — Upholds Arbitrator's Appointment as Valid Under Pre-Amended Section 11(6) of the Act. The court held that the petitioner waived objection to unilateral appointment by participating in arbitration without protest....

The petitioner, Mangalam Chaudhary Company, a sole proprietary concern, was awarded a subcontract by the respondent, Hindustan Construction Company Ltd., for part of a road construction project in Guj...

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Bombay High Court Allows Writ Petition Challenging Rejection of Scheduled Tribe Caste Claim. Court holds that the Scrutiny Committee failed to consider relevant documents and applied incorrect standards, directing reconsideration of the petitioner's Thakur tribe claim....

The petitioner, Subodh Digambar Donge, filed a writ petition challenging the order dated 9 July 2019 of the Scheduled Tribe Certificate Scrutiny Committee, Amravati, which rejected his claim to belong...

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Bombay High Court Grants Pre-Arrest Bail to Accused in SC/ST Act Case Due to Lack of Caste-Based Intent. The court held that the ingredients of Section 3(1)(w)(r)(s) of the SC/ST Act were not satisfied as the allegations did not show any intention to humiliate the victim on caste grounds....

The appellant, Snehal Aniket Bhosle, filed a criminal appeal under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, challenging the order of the Addit...