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High Court

Bombay High Court Allows Compensation to Family of Deceased Passenger in Railway Accident Case. Death of a bonafide passenger due to being knocked down by a train while crossing tracks between stations constitutes an 'untoward incident' under Section 123(c) of the Railways Act, 1989, and the absence of a ticket on the body does not negate bonafide passenger status....

The case involves an appeal filed by the original applicants (the family of the deceased) against the order of the Railway Claims Tribunal, Mumbai, which rejected their claim for compensation under th...

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  • 102
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High Court

Bombay High Court Allows Insurance Appeal in Motor Accident Claim — Policy Exclusion for Non-Paid Driver Upheld. Insurer not liable for accident caused by driver not holding valid licence and not covered under policy terms....

The case involves a motor accident claim where the appellant, The Oriental Insurance Company Ltd., challenged the award of the Motor Accident Claims Tribunal. The accident occurred when a car driven b...

By Admin
  • 153
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High Court

Bombay High Court Allows Quashing of FIR in Cheque Dishonour Case Due to Lack of Evidence of Dishonest Intention. Court holds that mere dishonour of cheque does not attract offence under Section 420 IPC without proof of fraudulent or dishonest inducement at the time of borrowing....

The applicant, Sumit Sunil Chavan, filed an application under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of FIR No. I-36/2016 registered at Kapurbawdi Police Station, Thane f...

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  • 135
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High Court

Bombay High Court Grants Bail to Accused in NIA Case Under UAPA and IPC — No Prima Facie Evidence of Terrorist Act. Court held that mere recovery of cash and possession of a mobile phone with objectionable content does not establish a terrorist act under Section 15 of UAPA, and the accused is entitled to bail under Section 21(4) of NIA Act....

The appellant, Mohammed Fayaaz Shikilkar, was arrested in connection with R.C. No.01/2023/NIA/Mum arising out of Special Case No.329 of 2023, registered by the NIA, Mumbai. The prosecution case began ...

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  • 159
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High Court

Bombay High Court Allows Unsuccessful Party's Section 9 Petition in Arbitration Dispute — Maintainability Upheld After Supreme Court's Home Care Retail Marts Judgment. The court held that a losing party can seek interim measures under Section 9 of the Arbitration and Conciliation Act, 1996, overruling the earlier Division Bench decision in Dirk India....

The judgment arises from a Commercial Arbitration Petition filed by Oil and Natural Gas Corporation Limited (ONGC) against Larsen & Toubro Limited (L&T) under Section 9 of the Arbitration and Concilia...

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  • 149
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High Court

Bombay High Court Allows Section 11 Arbitration Application Under SARFAESI Act Between Secured Creditor and Prospective Secured Creditor Over Title Documents Dispute. The court held that a dispute between a secured creditor and an entity prevented from becoming a secured creditor due to refusal to hand over title documents is arbitrable under Section 11 of the SARFAESI Act, 2002....

The case involves a petition under Section 11 of the Arbitration and Conciliation Act, 1996, filed by Aditya Birla Housing Finance Limited (Applicant) against Axis Bank Limited and others (Respondents...

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  • 216
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High Court

Bombay High Court Allows Writ Petition of Twin Brothers Seeking Biometric Update in Aadhaar Cards. Rejection of Biometric Update Request Without Assigning Reasons Violates Principles of Natural Justice Under Article 226 of the Constitution of India....

The petitioners, Rohit Bandu Nikalje and Rahul Bandu Nikalje, twin brothers, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court. They sought a direction ...

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  • 154
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High Court

Bombay High Court Hears Challenge to Constitutional Validity of Rule 13.3.1.5 of Pune Development Control Rules Allowing Municipal Takeover of Private Open Spaces for ₹1 Compensation. Petitioners Claim Violation of Right to Property under Article 300A and Lack of Statutory Basis in BPMC Act....

Five writ petitions were filed before the Bombay High Court challenging the constitutional validity of Rule 13.3.1.5 of the Development Control Rules for Pune. The lead petition, Writ Petition No. 583...

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  • 47
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High Court

Bombay High Court Allows Writ Petition Directing Registration of BIFR Orders Under Registration Act, 1908 for Property Transfer by Operation of Law. BIFR orders sanctioning a scheme of revival-cum-demerger under SICA Act are documents affecting immovable property and require registration under Section 17(1)(b) of the Registration Act, 1908; refusal to register on ground of non-exemption is not justified....

The Petitioner, Swayam Realtors & Traders LLP, originally a company under the Companies Act, 1956 and later converted into an LLP under the Limited Liability Partnership Act, 2008, sought a writ of ma...

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  • 152
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High Court

Bombay High Court Dismisses Petition Challenging Registrar Appointment Due to Lack of Locus Standi. Petitioner, a Senate Member and Associate Professor, Failed to Apply for the Post and Thus Cannot Challenge the Selection Process Under Article 226....

The Petitioner, Dr. Harsh Kashinathrao Gaikwad, an Associate Professor and Head of the Department of Chemistry at a college affiliated with Savitribai Phule Pune University, filed a writ petition unde...

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  • 145
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