Bombay High Court

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Bombay High Court Allows Section 11 Petition for Appointment of Arbitrator in Construction Contract Dispute. Work Order Containing Arbitration Clause Constitutes Valid Arbitration Agreement Between Contractor and Property Owner....

The petitioner, M/s. Shilpi Constructions Engineers & Contractors, filed a petition under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of an arbitrator to adjudicate d...

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Bombay High Court Allows Appeal in Railway Accident Claim Case — Mother of Deceased Entitled to Compensation Under Railways Act. Tribunal Erred in Dismissing Claim on Ground of Non-Existence of Deceased as Passenger, Despite Evidence of Accidental Fall from Train....

The appellant, Ranjanabai Tukaram Jatale, mother of deceased Suresh Tukaram Jatale, filed a claim application before the Railway Claims Tribunal, Nagpur Bench, seeking compensation for the death of he...

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Bombay High Court Quashes FIR in Matrimonial Dispute Due to Compromise Between Spouses — Section 482 CrPC. Settlement Reached Between Husband and Wife Leads to Quashing of Criminal Proceedings Under Sections 498-A, 323, 504, 506 IPC and Dowry Prohibition Act....

The petitioner, Vaibhav Sukram Chaudhari, filed a Criminal Writ Petition under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR No. 1 of 2018 registered at Harsool Police S...

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Bombay High Court Upholds Conviction for Rape of Minor Under Section 376 IPC and POCSO Act — Victim's Testimony Found Credible Despite Minor Contradictions. The court held that the sole testimony of the victim, if credible, is sufficient for conviction in sexual offences, and delay in FIR is not fatal if explained....

The appellant, Dnyaneshwar Manjabapu Bange, was convicted by the trial court for offences under Section 376 of the Indian Penal Code (IPC) and Section 4 of the Protection of Children from Sexual Offen...

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Bombay High Court Allows Review of Contempt Order in Teacher Transfer Case — Finds Mistake Apparent on Face of Record. The court held that the contempt order directing preferential processing of certain teachers' claims violated the transfer policy and the original judgment dated 22nd February 2019....

The case arises from a contempt petition (Contempt Petition No. 147 of 2019) arising out of Writ Petition No. 4190 of 2018. The original judgment dated 22nd February 2019 directed the State Government...

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Bombay High Court Upholds Reinstatement of Employee in Industrial Dispute — Punishment of Dismissal for Causing Machine Damage Held Shockingly Disproportionate. Labour Court's Power to Interfere with Quantum of Punishment Under Industrial Disputes Act, 1947 Upheld Where Misconduct Proved but Penalty Disproportionate....

The petitioner, Spentex Industries Ltd., challenged the judgment of the Industrial Court dated 26/03/2018 which maintained the Labour Court's order setting aside the dismissal of the respondent, Dilip...

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Bombay High Court at Goa Upholds Life Imprisonment for Murder by Burning Wife with Diesel. Conviction under Section 302 IPC confirmed as dying declaration, motive evidence, and medical testimony established homicidal death....

The appellant, Adawayya @ Swami Kuntainawar, was convicted by the Additional Sessions Judge, Mapusa, for the murder of his wife by pouring diesel on her and setting her on fire on 23 June 2013 at thei...

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High Court of Bombay at Goa Dismisses Appeal Against Acquittal in Cheque Dishonour Case Due to Failure to Prove Legally Enforceable Debt. Complainant's inconsistent evidence and lack of financial capacity led to upholding of acquittal under Section 138 of Negotiable Instruments Act, 1881....

The appellant, Vikas Gopi Bhagat, filed a criminal appeal against the judgment and order of acquittal dated 28.5.2013 passed by the Judicial Magistrate, First Class, Canacona, Goa, in Criminal Case no...

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Bombay High Court Dismisses Writ Petition in Tenancy Land Dispute — Petitioner Fails to Prove Deemed Purchase Under Section 32G of Bombay Tenancy and Agricultural Lands Act, 1948. Mere Revenue Entry as 'Kabjedar' Insufficient to Establish Tenancy Rights; Inordinate Delay in Filing Revision Also Fatal....

The petitioner, Shri Vitthal Maruti Bulunge, filed a writ petition under Article 227 of the Constitution of India challenging the judgment and order dated 29 December 1999 passed by the Maharashtra Re...