Bombay High Court

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Bombay High Court Grants Interim Stay in Divorce Transfer Petition Under Section 24 CPC. Wife seeks transfer of divorce petition from Vasai to Nashik; court stays proceedings pending transfer application....

The applicant-wife filed a Misc. Civil Application under Section 24 of the Code of Civil Procedure, 1908 seeking transfer of Hindu Marriage Petition No. 244 of 2018 filed by the respondent-husband und...

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Bombay High Court Allows Common Cross-Examination in Eviction Suits to Prevent Prejudice to Tenants. Trial Court's Order Dismissing Application for Common Cross-Examination Set Aside Under Article 227 of Constitution of India....

The petitioners, tenants in four eviction suits filed by the respondent landlord society, sought common cross-examination of the society's sole witness (its Secretary) across all suits. The trial cour...

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Bombay High Court Dismisses Petition Challenging Demolition Notice for Unauthorised Construction — No Right to Regularise Illegal Construction by Payment of Fees. The Court held that payment of development charges does not condone unauthorised construction under Sections 44 and 53 of the Maharashtra Regional and Town Planning Act, 1966....

The petitioner, Savitribai Phule Shikshan Prasarak Mandal, challenged a notice dated 9th March 2018 issued by the Solapur Municipal Corporation demanding payment of development charges of Rs. 8 crores...

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Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence of Claimant. The Court held that the claimant, a pillion rider on a motorcycle, was negligent for not wearing a helmet and contributed to the accident, reducing the insurer's liability by 50%....

The present appeal was filed by the New India Assurance Company Ltd., the original respondent No. 2 (insurer), challenging the judgment and award passed by the Learned Motor Accident Claims Tribunal, ...

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Bombay High Court Allows Furlough to Convict in POCSO Case — Emphasizes Furlough as Right, Not Privilege. The court set aside orders rejecting furlough solely on the ground of conviction under POCSO Act, directing reconsideration on merits....

The petitioner, Pintu Uttam Sonale, was convicted for offences under Section 376(2)(n) of the Indian Penal Code and Section 5(j)(ii) read with Section 6 of the Protection of Children from Sexual Offen...

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Bombay High Court Quashes Government Resolution Requiring 50% Marks for Teacher Appointments in Private Schools — Resolution Exceeds Rule-Making Power Under MEPS Act. The Court Held That the Government Cannot by Executive Order Prescribe Qualifications Beyond Those Specified in Schedule B of the MEPS Rules, 1981....

The petitioners, three individuals, filed a writ petition challenging a Government Resolution dated 7-2-2019 and a Corrigendum dated 25-2-2019 issued by the State of Maharashtra. The resolution prescr...

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Bombay High Court Dismisses Writ Petition Challenging Impleadment of Proposed Defendants in Suit Under MOFA. Court holds that impleadment of persons claiming title to the property is necessary for effective adjudication of the suit under Section 11 of the Maharashtra Ownership of Flats Act, 1963....

The case involves a writ petition filed by Mahendra Jayantilal Vora and two others (petitioners) challenging an order of the trial court allowing their impleadment as defendants in a suit filed by Vas...

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Bombay High Court Upholds Conviction Under Section 304 Part I IPC in Murder Case — State's Appeal for Upgrade to Section 302 IPC Dismissed. Court finds no common intention to murder, only individual acts causing death....

The case involves three appeals arising from a common charge-sheet where 28 accused were tried for offences under Sections 302, 307, 323, 147, 148 and 149 IPC. The trial court acquitted 22 accused on ...