Bombay High Court

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Bombay High Court Allows Insurance Company's Appeals in Motor Accident Claims, Reduces Compensation for Lack of Proof of Income and Negligence. The court held that the Tribunal erred in fixing income and attributing negligence without proper evidence, and modified the awards accordingly....

The case involves four first appeals filed by the Bajaj Allianz General Insurance Company Ltd. against the common judgment of the Motor Accident Claims Tribunal, Chandrapur, in respect of the same acc...

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Bombay High Court Dismisses Petition Challenging Rejection of Discharge in Bank Fraud Case — Petitioner, a General Manager of a Cooperative Bank, Allegedly Violated RBI Guidelines by Investing in Non-SLR Securities Through a Broker, Causing Loss to the Bank....

The petitioner, Kishore Deshpande, was the General Manager of CKP Co-operative Bank Ltd. and was arraigned as accused No.5 in FIR No. RC 8/E/2010 registered by the CBI on the complaint of the Reserve ...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Chit Fund Dispute — Holds That Chit Funds Act Does Not Bar Arbitration of Disputes Under Chit Agreements. The Court Ruled That Section 64 of the Chit Funds Act, 1982 Does Not Impliedly Exclude Arbitration, and the Arbitrator Had Jurisdiction to Decide the Claims....

The petitioner, Dinesh Jaya Poojary, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral award dated 22 December 2015 passed by the learned arbitra...

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High Court of Bombay Allows Landlord's Writ Petition on Summoning of Document in R.A.E. Suit, Sets Aside Trial Court's Inconsistent Order. The Court Clarifies That Marking of Documents Does Not Amount to Proof, and Private Documents Must Generally Be Proved by Their Author, but Documents May Be Marked Provisionally to Enable Appellate Review....

The litigation arose from a rent control eviction suit (R.A.E. Suit No. 467/767 of 2005) filed by the landlord (M/s. J. M. Constructions, as lessor) against the lessees (M/s. Shamrock Impex Pvt. Ltd. ...

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Bombay High Court Acquits Accused in Murder Case Due to Inconsistent Evidence and Lack of Proof of Intention. Conviction under Section 302 IPC Set Aside as Death Caused by Single Blow Without Premeditation, Offence Reduced to Culpable Homicide Not Amounting to Murder....

The appellant, Deepak Namdeo Zate, was convicted by the Additional Sessions Judge, Jalna, for the murder of his wife Balabai under Section 302 IPC and sentenced to life imprisonment. The prosecution c...

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Bombay High Court Upholds Striking Out of Defence for Non-Payment of Interim Maintenance in DV Act Case. Failure to Pay Maintenance Justifies Coercive Measure Under Section 23 of Protection of Women from Domestic Violence Act, 2005....

The petitioner, Girish Vijaysingh Pardeshi, challenged an order dated 31/03/2018 passed by the learned Judicial Magistrate First Class, Court No. 7, Jalgaon, in PWDV No. 147/2015, whereby his defence ...

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Bombay High Court Acquits Accused in NDPS Case Due to Non-Compliance of Section 50 — Search of Bag Not Covered Under Mandatory Procedure. The court held that Section 50 of the NDPS Act applies only to personal search, not to search of a bag, and thus the conviction was set aside....

The appellants, Rehanabi Sheikh Atiq and Sheikh Sohel Sheikh Atiq, were convicted by the Additional Sessions Judge, Wardha in Special (NDPS) Case 2/2012 for an offence under Section 20(b)(ii)(B) of th...

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Bombay High Court Acquits Accused in POCSO Case Due to Consensual Relationship and Lack of Evidence of Promise to Marry. Conviction under Section 376(2)(i)(n) IPC and POCSO Act set aside as prosecutrix was a consenting minor and no false promise of marriage established....

The appellant, Prashant Ramchandra Kasarkar, was convicted by the Additional Sessions Judge-3, Yavatmal in Special (POCSO) Case 63/2017 for offences under Section 376(2)(i)(n) of the Indian Penal Code...

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Bombay High Court Upholds Conviction of Bridegroom for Culpable Homicide in Wedding Feast Stabbing. Sudden Quarrel Over Kadhi Serving Reduces Murder Charge to Section 304 Part I IPC....

The appellant, Kalicharan Baburao Awathe, was convicted by the Sessions Judge, Nagpur, for an offence punishable under Section 304 Part I of the Indian Penal Code (IPC) for causing the death of Deepak...