Bombay High Court

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Bombay High Court Allows Petitioner's Writ Petition Challenging Order Granting Leave to Lead Secondary Evidence. Court Holds That Leave to Lead Secondary Evidence Is Unnecessary and Misconceived Under the Indian Evidence Act, 1872....

The petitioner, defendant no.6 in Regular Civil Suit No. 689 of 2009, challenged an order passed by the trial court granting leave to the plaintiff to lead secondary evidence in respect of three docum...

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Bombay High Court Upholds DRAT Order Allowing One Time Settlement in Debt Recovery Case — Interest Must Be Calculated as Per OTS Terms. The court held that the DRT erred in not giving effect to the OTS and in calculating interest beyond the OTS terms, and the DRAT correctly set aside the DRT order....

The petitioners, Small Industries Development Bank of India (SIDBI) and India SME Asset Reconstruction Company Ltd., challenged an order dated 26th May 2010 passed by the Debt Recovery Appellate Tribu...

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Bombay High Court Dismisses Judgment Debtors' Challenge to Execution of Decree for Specific Performance. Court Holds That Decree for Specific Performance Implicitly Includes Delivery of Possession Even Without Express Prayer....

The petitioners, who were judgment debtors in a suit for specific performance, challenged the order of the executing court overruling their objection that the decree for specific performance could not...

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Bombay High Court Dismisses Review Petition for Abuse of Process — Petitioner Found to Have Consistently Misled Courts from Civil Court to Supreme Court. Review Petition Filed Under Liberty Granted by Supreme Court Dismissed with Costs of Rs. 5 Lakhs for Deliberate Misrepresentation and Suppression of Material Facts....

The judgment concerns a Review Petition (L) No. 19103 of 2019 filed by Mohd Talib Habib Shaikh, who was respondent no. 7 in Writ Petition No. 2061 of 2018 and a respondent in Writ Petition No. 2659 of...

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Bombay High Court Adjudicates Civil Revision Application Challenging Rejection of Plaint Rejection Application in Trust Dispute Under Maharashtra Trust Act. Application Under Order VII Rule 11(d) of CPC Alleges Bar of Suit by Sections 22, 50, 51, 70 of Maharashtra Trust Act, 1950....

The dispute centered on the expulsion of two trustees from a trust registered under the Maharashtra Trust Act, 1950. The applicants, comprising ten individuals and one trust, were original defendants ...

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High Court of Bombay Allows Appeal in Railway Accident Claim Case — Death of Passenger Due to Accidental Fall from Train. Claimants Entitled to Compensation Under Section 124A of the Railways Act, 1989 as Deceased Was a Bona Fide Passenger and Death Occurred in a Railway Accident....

The present appeal was filed by the original applicants, Nagorao s/o Gangaram Kamble and Sow. Vithabai w/o Nagorao Kamble, challenging the judgment and award dated 31-01-2018 passed by the learned Rai...

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Bombay High Court Allows Appeal in Railway Accident Claim Case — Widow and Children Entitled to Compensation Under Section 124A of Railways Act, 1989. Death of a passenger due to accidental fall from train is an 'untoward incident' under Section 123(c) of the Railways Act, 1989, and the railway administration is liable to pay compensation regardless of negligence....

The present appeal was filed by the original claimants, the widow and children of the deceased Ramlu Renalwar, challenging the judgment and award of the Railway Claims Tribunal, Nagpur Bench, in Claim...

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Bombay High Court Allows Appeal in Railway Accident Claim Case — Sets Aside Tribunal's Dismissal for Non-Prosecution. Held that the Tribunal erred in dismissing the claim application for default without considering the merits, and the matter must be restored for fresh adjudication....

The appellant, Mohd. Saber s/o Mohd. Illyas, filed a claim application before the Railway Claims Tribunal, Nagpur Bench, seeking compensation for injuries sustained in a railway accident. The Tribunal...

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Bombay High Court Allows Appeal in Railway Accident Compensation Case — Sets Aside Tribunal's Dismissal of Claim. Held that the claimant was a bona fide passenger and the accident was an 'untoward incident' under Section 124A of the Railways Act, 1989, entitling him to compensation....

The appellant, Dalit s/o Tukaram Mudkhede, filed a claim application before the Railway Claims Tribunal, Nagpur Bench, seeking compensation for injuries sustained in a railway accident. He alleged tha...

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Bombay High Court Upholds Pay and Recover Direction Against Insurance Company in Motor Accident Claim — Policy Cancellation Due to Cheque Dishonour Does Not Absolve Insurer's Liability to Third Party. The insurer must pay compensation to the claimants and then recover from the owner under the Motor Vehicles Act, 1988....

The case arises from a motor accident on 18th May 2000, where the deceased Laxman Kadve was driving his jeep when a travel bus driven rashly and negligently collided with his jeep, causing his death. ...