Bombay High Court

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High Court of Bombay Considers Maintainability of Section 14(2) Petition Against Sole Arbitrator's Order Rejecting Substitution of Legal Heirs in Partnership Arbitration. Court examines whether dismissal of impleadment application as time-barred amounts to termination of mandate under Section 14(2) of Arbitration and Conciliation Act, 1996....

Background: The matter arose from partnership disputes concerning the firm 'Sanghavi Brothers'. The original claimant, father of the petitioners, had initiated arbitration, but the three-member arbitr...

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High Court Upholds Conviction of Truck Driver for Causing Death by Negligence — Evidence of Eye-Witness and Spot Panchanama Sufficient. Rear Wheel of Truck Passed Over Deceased's Head, Proving Rash Driving Under Sections 279 and 304-A IPC....

The applicant-accused, Mahendra Madhukar Jagdale, a truck driver, was convicted by the Judicial Magistrate First Class, Pathardi, in S.C.C. No. 225 of 2003 for offences under Sections 279 and 304-A of...

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Bombay High Court Quashes Chief Information Commissioner's Orders Recalling Predecessor's Decision While Writ Petition Pending. Information Commissioner Cannot Review or Recall Own Order When Challenge to That Order is Sub Judice Before High Court....

The petitioner, Vijaykumar Namdeo Kakade, filed a writ petition challenging two orders dated 25.07.2013 and 15.10.2013 passed by the Chief Information Commissioner, Mumbai. The background reveals that...

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Bombay High Court Allows Writ Petition Challenging Divisional Commissioner's Order Setting Aside Disqualification of Village Panchayat Member. Encroachment on Gairan Land Allotted to Public Works Department Constitutes Disqualification Under Section 14(1)(j3) of Maharashtra Village Panchayat Act, 1959....

The petitioner, Ashruba Dhondiba Gade, was a member of the Village Panchayat of Gambhirwadi. Respondent Nos. 1 and 2, Rajendra Shankar Sutar and Mandakini Rajendra Sutar, were alleged to have encroach...

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Bombay High Court Allows Second Appeal in Property Sale Dispute — Agreement to Pay Balance Consideration Not Proved. Court sets aside concurrent findings of courts below and remands suit for fresh consideration on the issue of payment of balance sale consideration....

The present second appeal was filed by the original defendant, Ram @ Rameshwar Balasaheb Kopner, challenging the judgment and decree of the Adhoc District Judge-1, Ahmedpur, in Regular Civil Appeal No...

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High Court Upholds Conviction of Accused in Misappropriation Case but Reduces Sentence Due to Old Age and Partial Restitution. Accused Convicted Under Sections 409, 465, 468, 477-A IPC for Fabricating Documents and Falsifying Accounts, But Sentence Modified to Period Already Undergone with Additional Fine....

The dispute arose from a criminal revision application filed by Navnitlal Prabhudas Thakkar, an 80-year-old pensioner, against his conviction and sentence for misappropriation of government funds and ...

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High Court Upholds Conviction Under Section 304II IPC for Electrocution Caused by Illegal Electric Fencing. Court Modifies Sentence, Directing Payment of Compensation and Reducing Imprisonment to Period Already Undergone due to Long Pendency and Accused's Circumstances....

The case pertained to the electrocution death of Sudhakar Girhe due to an illegally electrified fencing on an agricultural field. Zibal Patil and his son Subhash owned a field adjoining the deceased's...

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Bombay High Court Allows Prisoners' Furlough Petitions — Imposition of Condition to Stay Outside District Held Invalid Under Prisons (Bombay Furlough and Parole) Rules, 1959. Competent Authority Cannot Impose Condition Not Contemplated by Rules; Orders Rejecting Furlough Set Aside....

The judgment concerns two criminal writ petitions filed by prisoners challenging orders rejecting their applications for furlough. The petitioners, Ravasaheb Damu Ghule and Nilesh Hiru Gavit, had appl...

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Bombay High Court Allows Arbitration Petition Under Section 14, Setting Aside Arbitrator's Order Dismissing Substitution Application. Arbitrator's Termination of Proceedings on Grounds of Delay Held Perverse, Amounting to Refusal to Perform Functions and Not an Interim Award Under Section 34....

The dispute arose from a partnership firm where the original claimant, father of the petitioners, had initiated arbitration proceedings in 2004. After multiple hurdles, the three‑member tribunal ter...

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High Court of Bombay at Aurangabad Upholds Conviction of Truck Driver in Rash Driving Death Case. Causal Link Between Negligent Driving and Death Established Under Section 304-A IPC....

The applicant, Mahendra Madhukar Jagdale, was the driver of a truck bearing registration No. MH-20-A-6964. On 16 June 2003 at about 3:00 p.m., the complainant Raju, who runs a hotel named Samadhan on ...