Bombay High Court

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High Court of Bombay at Aurangabad Allows Appeal in Motor Accident Claim Case — Appellant Not Liable to Pay Compensation as Claimant Failed to Prove Negligence and Insurance Policy Was Not Proved. The court held that the claimant must prove negligence of the driver/owner, and failure to do so results in dismissal of the claim....

The present appeal was filed by the original respondent (appellant) challenging the judgment and award passed by the learned Ad hoc District Judge & Member of the Motor Accident Claims Tribunal, Majal...

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Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence of Deceased. The Court held that the deceased, a pillion rider on a motorcycle, contributed to the accident by not wearing a helmet, and the insurer's liability was limited to the extent of the owner's negligence....

The present appeal was filed by The New India Assurance Company Ltd. against the judgment and award passed by the Motor Accident Claims Tribunal, Ahmednagar in M.A.C.P. No. 123 of 2015. The claimants,...

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Bombay High Court Allows Convict's Furlough Petition Despite Adverse Police Report — Emphasizes Need for Reformation Opportunity. Rejection of furlough on ground that surety may not be able to control convict is speculative and cannot be sustained without giving opportunity to convict and surety....

The petitioner, Amol Dattarao Choudante, a convict lodged at Nashik Road Central Prison, filed a Criminal Writ Petition under Article 226 of the Constitution of India before the Bombay High Court, Ben...

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Bombay High Court Allows Furlough to Convict Despite Previous Overstay, Emphasizes Rehabilitation and Changed Circumstances. Past conduct of overstaying furlough by 2719 days in 2010 cannot be a perpetual bar when the prisoner has since remained in continuous custody for over 22 years and has a surety....

The petitioner, Dhananjay S/o Laxman Thorat, a convict undergoing life imprisonment at Nashik Road Central Jail, filed a Criminal Writ Petition challenging the rejection of his furlough application by...

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Bombay High Court Quashes FIR and Criminal Proceedings in Assault Case Due to Compromise Between Parties. Section 324 IPC Offence Held to be Compoundable with Court Permission, and Proceedings Quashed in Exercise of Inherent Powers Under Section 482 CrPC....

The applicants, Kailas Prabhakar Shinde, Pandurang Asaram Shinde, Prabhakar Radhakisan Shinde, Vatasalabai Prabhakar Shinde, and Sunita Kailas Shinde, filed a criminal application under Section 482 of...

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Bombay High Court Quashes Industrial Court Order Directing Deposit of Gratuity in Termination Challenge — Payment of Gratuity Act, 1972 Does Not Require Deposit of Gratuity Received as Condition for Adjudication of Termination Dispute...

The petitioner, Sheikh Mehmood, was employed as a Typist with respondent Nos.1 and 2 (M/s Universal Medikit Private Ltd. and its Chairman) from 29 July 1982 and later promoted to Medical Representativ...

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Bombay High Court Allows Caste Claim of Child Born to Tribal Mother and Non-Tribal Father Based on Upbringing and Custody. The Court held that the caste of a child is determined by the community in which she is raised, not by the father's caste, especially when the mother has custody and the child has no contact with the father....

The petitioner, Ku. Noopur D/o Prashant Ambre, filed a writ petition challenging the rejection of her caste claim as a Scheduled Tribe (Halba) by the Scrutiny Committee under Sections 3 and 4 of the M...

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Bombay High Court Allows Maintenance to Wife and Daughters Under Domestic Violence Act — Enhances Monthly Maintenance from Rs. 2,000 to Rs. 5,000. Held that the appellate court erred in setting aside maintenance without considering evidence of domestic violence and financial needs....

The petitioners, Smt. Laxmi Krishna Talkatkar and her three daughters, filed a Criminal Writ Petition before the Bombay High Court challenging the order dated 7th July 2015 passed by the learned Sessi...

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Bombay High Court Dismisses Petition Challenging Rejection of Condonation of Delay in Criminal Revision Application. Petitioner Failed to Show Sufficient Cause for 18-Month Delay in Filing Revision Against Issuance of Process Under Section 138 of Negotiable Instruments Act, 1881....

The petitioner, Sunil Bhai Sheth, was the original accused No. 2 in a criminal complaint filed by M/s. Agricore Commodities Pvt. Ltd. under Section 138 of the Negotiable Instruments Act, 1881, for dis...

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Bombay High Court Grants Bail to Accused in Atrocity Case on Ground of Parity with Co-Accused. Appellant, who was in custody for 4-5 years and had no overt act of setting deceased on fire, granted bail under Sections 302, 307, 341, 363 IPC read with SC/ST Act....

The appellant, Dinesh Laxman Chavan, was an accused in Special Atrocity Sessions Case No. 19 of 2015 before the learned Special Judge, Pune, for offences punishable under Sections 302, 307, 341, 363 r...