Bombay High Court

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Bombay High Court Allows Appeal in Motor Accident Claim — No-Fault Liability Under Section 140 MV Act. Claimants entitled to interim compensation of Rs. 50,000 without proof of negligence as per Section 140 of Motor Vehicles Act, 1988....

The present appeal arises from an order dated 22.11.2017 passed by the Motor Accident Claims Tribunal, Akola in MACP No. 92 of 2016, rejecting the application (Exh. 6) filed by the claimants under Sec...

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Bombay High Court Enhances Land Acquisition Compensation, Holds Full Statutory Amount Must Be Awarded. Claimant Not Bound by Restrictive Statement of Claim and Can Pay Deficit Court Fee After Determination....

The appeal arose from a land acquisition reference under the Land Acquisition Act, 1894. The appellant's land, Survey No. 38/2 admeasuring 1 Hectare 91 R at Mauje Gambhirpur, was acquired by the Munic...

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Bombay High Court Allows Termination of Pregnancy for Rape Victim in Medical Termination of Pregnancy Act Case — Victim's Mental Trauma and Gestational Age Considered. Rape Victim's Pregnancy of 21 Weeks and One Day Terminated Under Section 3 of Medical Termination of Pregnancy Act, 1971, Based on Medical Board Opinion and Mental Trauma....

The petitioner, a 25-year-old commerce graduate and student, filed a criminal writ petition seeking directions to terminate her pregnancy. She was the victim in Crime No. 153 of 2019 registered at Pol...

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Bombay High Court Dismisses Challenge to Construction in CRZ Area, Upholds NGT Order on Environmental Clearance Validity. Construction of hotel building in Colva, Goa, held not to violate CRZ Notification 1991 as it was within permissible floor space index and setback requirements....

The judgment concerns two writ petitions: Writ Petition No. 751 of 2008 filed by Theodore Fernandes and Goencarancho Vorixtte Awaz (an association) against the State of Goa, Goa Coastal Zone Managemen...

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Bombay High Court Allows State's Petition to Recall Process in Private Complaint Against Public Servant Without Sanction Under Section 197 CrPC. Issuance of process without mandatory sanction for prosecution of public servant for acts done in discharge of official duty is illegal and amounts to abuse of process....

The State of Maharashtra, through A.R. Mulik, a Sub-Inspector in the Excise Department, filed a writ petition challenging the order dated 09.10.2002 passed by the Judicial Magistrate First Class, Bhor...

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Bombay High Court Dismisses Cooperative Housing Society's Petition for Mandamus to Demolish Staircase for Fire Access. Court holds that the Society failed to establish any legal right or breach of statutory duty by MMRDA or other authorities regarding open space requirements under Development Control Regulations....

The Petitioner, Bhavya Height Co-operative Housing Society Ltd., filed a Writ Petition under Article 226 of the Constitution of India seeking a writ of mandamus directing Respondent No. 1, Mumbai Metr...

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Bombay High Court Dismisses Application for Rejection of Plaint in Specific Performance Suit — Cause of Action Disclosed. Court holds that a plaint cannot be rejected under Order VII Rule 11 CPC if it discloses a cause of action, even if the claim may ultimately fail on merits....

The judgment pertains to a Notice of Motion filed by defendant No.1 in a suit for specific performance. The defendant sought rejection of the plaint under Order VII Rule 11 CPC on the ground that it d...

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Bombay High Court Allows Writ Petitions Against Industrial Court Order in Unfair Labour Practice Case — Limitation Period for Filing Complaint Under MRTU & PULP Act, 1971 Is Not Barred by Delay When Cause of Action Is Continuing....

The judgment involves two writ petitions arising from an order of the Industrial Court, Aurangabad, in Revision ULP No.70/2015. The petitioner in WP 12708/2018, Vasant Kisanrao Deshpande, a retired em...

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Bombay High Court Allows Enhanced Compensation in Motor Accident Claim Despite Restricted Claim Amount. Tribunal Must Award Just Compensation Even if Claim is Restricted, Subject to Payment of Deficit Court Fee Under Motor Vehicles Act, 1988....

The appellants, legal representatives of the deceased Omprakash Lohakare, filed a claim petition before the Motor Accident Claims Tribunal, Nagpur, seeking compensation for his death in a motor vehicl...

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Bombay High Court Allows Recall of Witness in Civil Suit for Cross-Examination on Newly Discovered Documents — Order 18 Rule 17 CPC. Petitioner/Defendant Granted Opportunity to Cross-Examine Plaintiff's Witness on Documents Discovered After Examination....

The petitioner, defendant no. 2 in Regular Civil Suit No. 66 of 2009, challenged the order of the Joint Civil Judge, Junior Division, Kadegaon, rejecting his application under Order 18 Rule 17 of the ...