Bombay High Court

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Bombay High Court Allows Enhancement of Compensation in Motor Accident Claim for Watch Maker's Death — Multiplier Corrected to 16 and Future Prospects Added. Claimants awarded Rs.10,78,000 with interest at 7.5% per annum under Section 166 of Motor Vehicles Act, 1988....

The present appeal was filed by the original claimants, the legal heirs of Gunwant Narayan Bari, seeking enhancement of compensation awarded by the Motor Accident Claims Tribunal, Jalgaon, in M.A.C.P....

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Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim Involving Stationary Truck. Presumption of Negligence Against Truck Driver Who Parked Vehicle Without Indicators on Highway, No Contributory Negligence Attributed to Deceased Motorcyclist....

The present appeal was filed by the insurance company, Bharti Axa General Insurance Company Ltd., against the judgment of the Motor Accident Claims Tribunal, Nagpur in Claim Petition No. 1308/2011. Th...

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Bombay High Court Allows Appeal in Railway Accident Claim — Alighting from Offside Due to Rush Not a Criminal Act. Held that falling from train due to own negligence is not a criminal act under Section 124A proviso (c) of Railways Act, 1989....

The appellant, Rekha Suryvanshi, filed a claim before the Railway Claims Tribunal, Nagpur, seeking compensation for injuries sustained while alighting from a train. On 25 May 2014, she was travelling ...

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Bombay High Court Acquits Accused in POCSO Case Due to Inconsistent Evidence and Failure to Prove Age of Victim. Conviction under Section 376 IPC and Section 4 of POCSO Act Set Aside as Prosecution Failed to Establish Victim Was Below 18 Years....

The appellant, Kawadu Madhukar Atram, was convicted by the Special Judge and Additional Sessions Judge, Chandrapur in Special (POCSO) Case 70 of 2016 for offences under Section 450 IPC (lurking house-...

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Bombay High Court Quashes Disqualification of Unopposed Gram Panchayat Member for Non-Submission of Election Expense Account. Section 14B of Maharashtra Village Panchayats Act, 1959 does not require filing of expense statement when candidate is elected unopposed without incurring any expenditure....

The petitioner, Smt. Dipmala w/o Ravindra Chachane, was elected unopposed as a member of Gram Panchayat Sarra in July 2015. The Additional Collector issued a notice under Section 14B of the Maharashtr...

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Bombay High Court Dismisses Revenue's Appeal in Income Tax Reassessment Case — Reopening Based on Change of Opinion Invalid. ITAT Correctly Held That Reassessment Under Section 147 Was Not Justified as There Was No Failure to Disclose Material Facts....

The case involves a tax appeal by the Commissioner of Income Tax against the order of the Income Tax Appellate Tribunal (ITAT) which upheld the cancellation of reassessment proceedings initiated again...

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Bombay High Court Allows Criminal Writ Petition Challenging Sessions Court's Dismissal of Revision Application on Jurisdictional Grounds — Held That Revision Application Cannot Be Dismissed in Limine on Point of Jurisdiction Without Hearing on Merits....

The petitioners filed a Criminal Writ Petition before the Bombay High Court challenging an order dated 11.7.2019 passed by the Additional Sessions Judge, Court No. 30, Greater Mumbai. The Sessions Cou...

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Bombay High Court Quashes Sub-Divisional Magistrate's Order Under Section 145 CrPC in Property Dispute — Subsequent Sale Agreement Renders Proceedings Infructuous. The court held that once parties entered into a sale agreement after the preliminary order, the dispute ceased to exist and the Magistrate could not pass a final order for restoration of possession....

The petitioner, Santumal Assudomal Gogia, filed a criminal writ petition challenging an order passed by the Sub-Divisional Magistrate, Ulhasnagar Division, under Section 145 of the Code of Criminal Pr...