Bombay High Court

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Bombay High Court Rules on Admissibility of Documents in Suit for Partition and Declaration of Rights. Documents not proved in accordance with Indian Evidence Act, 1872 cannot be admitted in evidence unless original is produced or foundation for secondary evidence is laid....

The suit was placed before the court for considering the admissibility of documents referred to and relied upon by defendant nos.3 and 4 in their compilation of documents. The defendant no.3 had filed...

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Bombay High Court Quashes Termination of LPG Distributorship for Violation of Natural Justice. Show Cause Notice Not Served, Termination Order Set Aside Under Article 14 of Constitution....

The petitioner, Prashant S/o Gulabrao Kamble, was a LPG distributor of Indian Oil Corporation Limited. His distributorship was terminated by the respondent corporation. The petitioner challenged the t...

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Bombay High Court Considers Challenge to CIDCO's Demand for Premium on Additional FSI in Waluj Growth Centre; Petitioners Argue Sanctioned DCR Provides Basic FSI of 1.5 and No Premium is Chargeable, While CIDCO Contends Unauthorized Construction and Suppression of Facts...

The petitioners, three individuals engaged in business, filed a writ petition under Article 226 of the Constitution of India challenging communications dated 27 June 2017 and 16 October 2017, and Boar...

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Bombay High Court Dismisses Appeal of Two Accused Labourers in Gang Rape Case—Sole Testimony of Victim Upheld. Absence of Genital Injuries on Married Woman with Grown Children Held Not Fatal to Conviction Under Section 376(g) Indian Penal Code....

The case involved a criminal appeal before the Bombay High Court, Nagpur Bench, challenging the conviction of two labourers for gang rape and criminal intimidation. The incident occurred on the night ...

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Bombay High Court Dismisses Challenge to Arbitral Award in Guarantee Dispute — Guarantor's Liability Not Discharged by Family Settlement Without Bank's Consent. Family Settlement Between Guarantor and Principal Debtor Does Not Discharge Guarantor Under Section 134 of Indian Contract Act, 1872....

The petitioner, Narinder Pal Agarwal, was a director and guarantor of Narendra Metal Converters Pvt. Ltd., which had taken loans from Saraswat Cooperative Bank Ltd. After disputes arose within the Aga...

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Bombay High Court Quashes Proceedings Against Non-Signatory Directors in Cheque Dishonour Case Due to Lack of Specific Averments of Vicarious Liability. Section 141 of Negotiable Instruments Act, 1881 requires clear allegations that the accused was in charge of and responsible for the conduct of business at the time of the offence....

The petitioner, Pradeep Khetshi Shah, filed a criminal writ petition under Article 227 of the Constitution of India and Section 482 of the Code of Criminal Procedure, 1973, challenging the orders and ...

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Bombay High Court Upholds Acquittal of Husband in Dowry Death Case Due to Lack of Evidence of Abetment to Suicide. Allegations of Cruelty Under Section 498A IPC Not Proven Beyond Reasonable Doubt....

The State of Maharashtra appealed against the acquittal of the respondent-accused, Babasaheb @ Krishnat Durgappa Powar, for offences under Sections 498A and 306 of the Indian Penal Code. The responden...

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Bombay High Court Adjudicates Enforcement of Foreign Arbitral Award in Joint Venture Dispute. Petition Seeks Enforcement Under Section 48 of Arbitration Act; Allegations Include Breach of JVA and Conflict of Interest....

The petitioner, an Italian company engaged in cable manufacturing, entered into a Joint Venture Agreement dated 19th January 2010 with the respondents, existing shareholders of Ravin Cables Limited, a...

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Bombay High Court Dismisses MSRTC's Petition Challenging Labour Court Order Setting Aside Termination with Retrospective Effect. Termination of Employee with Retrospective Effect from Date of Medical Unfitness Held Illegal as It Deprives Employee of Opportunity to Be Heard....

The petitioner, Maharashtra State Road Transport Corporation (MSRTC), challenged the judgment of the Labour Court dated 22.08.2017 allowing Complaint (ULP) No.49/2016 filed by the respondent employee,...

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High Court of Bombay Allows Appeal in Motor Accident Claim — Pillion Rider Cannot Be Held Guilty of Contributory Negligence. The court held that a pillion rider has no control over the vehicle and cannot be attributed negligence unless there is specific evidence of active intervention....

The appellant, a pillion rider on a motorcycle, was injured in an accident involving a tractor. He filed a claim petition before the Motor Accident Claims Tribunal at Beed, which determined compensati...