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Bombay High Court Dismisses Suit for Specific Performance and Injunction in Property Dispute — Plaintiff Fails to Prove Readiness and Willingness to Perform Contract. Agreement for Sale of Flat Declared Null and Void Due to Non-Compliance with Conditions Precedent and Lack of Valid Termination of Earlier Agreement....

The plaintiff, Manohar Daulatram Ghansharamani, filed Suit No. 220 of 2013 in the Bombay High Court seeking specific performance of an agreement for sale dated 15th July 2005 in respect of Flat No. 30...

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Bombay High Court Quashes Process Against Wife in Cheque Dishonour Case for Professional Fees — No Vicarious Liability Without Specific Role in Issuance of Cheque. The court held that under Section 138 read with Section 141 of the Negotiable Instruments Act, 1881, a spouse cannot be held liable merely on the basis of relationship or general participation in communications; specific averments of being in charge of business are required....

The petitioner, Alka Khandu Avhad, wife of Khandu Kacharu Avhad, challenged an order dated 23/02/2018 passed by the learned Metropolitan Magistrate, 43rd Court at Borivali, Mumbai, issuing process aga...

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  • 119
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Bombay High Court Allows Victims of Trafficking to Return to Their Families in Immoral Traffic (Prevention) Act Case — Held That Protective Custody Cannot Be Imposed Against the Will of Major Victims Without Just Cause. The court set aside the Magistrate's order directing the victims to be kept in a protective home for one year, holding that Section 17 of the ITPA does not authorize forcible confinement of major victims....

The petitioners, four women who were victims of trafficking and rescued from a brothel, challenged the order of the Additional Sessions Judge, Greater Mumbai, which dismissed their appeal against the ...

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  • 315
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Bombay High Court Quashes Criminal Proceedings in Dowry Harassment Case Due to Settlement Between Parties. Court holds that when the parties have amicably resolved their differences and the complainant is no longer interested in prosecuting, continuing criminal proceedings would be an abuse of process of law under Section 482 CrPC....

The applicants, who are the husband and in-laws of the complainant (respondent no.2), filed an application under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of FIR No. 86 of 2...

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Bombay High Court Allows Enhancement of Compensation for Death of Assistant Teacher in Motor Vehicle Accident — Applies Multiplier of 15 and Adds 50% Future Prospects. The court recalculated compensation under the Motor Vehicles Act, 1988, relying on Sarla Verma and Pranay Sethi, and upheld joint and several liability of the tortfeasors....

The appellants, widow and sons of deceased Dashrath Punju More, filed an appeal seeking enhancement of compensation awarded by the Motor Accident Claims Tribunal, Jalgaon, in MACP No.10 of 2005. The d...

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  • 235
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Bombay High Court Allows Junior Clerk's Petition to Condoned Break in Service and Protect Pay. Service Interruption Due to Non-Joining After Transfer Condoned as Technical Break, Not Voluntary Abandonment....

The petitioner, Sanchareshwar Madhavrao Kadam, a Junior Clerk on the establishment of Civil Judge, Junior Division, Gangakhed, Dist. Parbhani, filed a writ petition under Articles 226 and 227 of the C...

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Bombay High Court Allows Writ Petition Challenging School Tribunal's Rejection of Appeal Against Oral Termination. Petitioner's Long Service Without Appointment Order Does Not Justify Automatic Termination; Management Must Follow Due Process....

The petitioner, Shailesh Anand Kulkarni, was appointed on 8.9.2001 as a Computer Science teacher by the Khandesh College Education Society, which runs Mollji Jaitha College, Jalgaon. He was not issued...

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  • 145
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Bombay High Court Allows Enhancement of Compensation for Acquired House Property Under Land Acquisition Act — Market Value Determined at Rs. 500 per sq.mtr. for Open Space and Rs. 1,000 per sq.mtr. for Constructed Area. The court applied the belting method and considered potential value to fix compensation higher than the reference court's award....

The appeal was filed by the original claimant, Shantappa Rudrappa Mathdevru (since deceased, through his legal representatives), seeking enhancement of compensation awarded by the learned reference co...

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Bombay High Court Allows State Appeal in POCSO Case, Sets Aside Acquittal of Father for Rape of Minor Daughter. Delay in FIR Lodging Held Not Fatal in Child Sexual Abuse Cases Due to Unique Victim-Offender Relationship....

The State of Goa, through the Police Inspector of Canacona Police Station, appealed against the judgment of the Children's Court at Goa which acquitted the respondent, Pritam Kumar, of charges under S...

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Bombay High Court Quashes Criminal Proceedings Against Doctor in Medical Negligence Case — Lack of Expert Opinion and Criminal Intent. Complaint under Section 338 IPC fails as essential ingredients of grievous hurt by rash or negligent act not established without expert evidence....

The petitioner, a practicing ophthalmologist, challenged the judgment of the Additional Sessions Judge, Pune, which upheld the Magistrate's order issuing process against her under Section 338 IPC. The...

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensation Cases,...

Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Dispute — Upho...

Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Suit for Spec...

High Court Dismisses Writ Petition Challenging Rejection of Teacher Appointment Approval. ...

High Court of Judicature at Bombay Upholds Arbitration Awards in Trading Dispute Due to Te...

Supreme Court Upholds Conviction and Death Sentence in POCSO Case Due to Credible Testimon...

Supreme Court Dismisses Appeal Against High Court's Reversal of Trial Court's Decree on Wi...

Supreme Court Revisits Disqualification Laws in Panchayat Elections — Acknowledges Chang...

Supreme Court Allows State's Appeal Against High Court's Order on Pension Deduction. Regul...

Supreme Court Addresses Legislative Competence on Taxation of Goods — Key Constitutional...

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