Bombay High Court

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High Court of Bombay Dismisses Insurance Company's Appeal in Motor Accident Claim — Compensation of Rs.68,23,000 Upheld. Computation of Loss of Dependency Based on Deceased's Annual Income of Rs.12,00,000 with 50% Future Prospects and Deduction of 1/3rd for Personal Expenses....

The case arises from a motor accident claim petition filed by the widow and son of Shivram Nake, who died in a road accident on 06.09.1995. The deceased was the Vice President (Executive) of IndusInd ...

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Bombay High Court Allows Insurance Appeal in Motor Accident Claim — Reduces Compensation Due to Lack of Evidence on Income. Claimant failed to prove permanent disability and loss of earning capacity, leading to reduction of award from Rs. 1,23,000 to Rs. 80,000 with interest at 6% p.a....

The case involves a motor accident claim under Section 166 of the Motor Vehicles Act, 1988. The claimant, Parvez Framroz Billimoria, was injured on 17 August 1987 when a lorry (MTT1890) hit his scoote...

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Bombay High Court Dismisses Appeal for Specific Performance of Share Sale Agreement — Plaintiff Failed to Prove Readiness and Willingness to Perform Contract. MOU for Sale of Shares Held Not Enforceable as Plaintiff Did Not Show Financial Capacity to Pay Balance Consideration Within Stipulated Time....

The appellants, plaintiffs in the suit, filed an appeal under Section 96 of the Code of Civil Procedure, 1908, against the judgment of the trial Court dated 20/09/2013 dismissing their suit for specif...

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Bombay High Court Dismisses State Appeal Against Acquittal in Rape Case Due to Inconsistent Evidence and Delay in FIR. Conviction under Sections 376 and 342 IPC Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt....

The State of Maharashtra filed an appeal under Section 378(1) of the Code of Criminal Procedure, 1973, against the judgment of acquittal dated 24 July 1997 passed by the 2nd Additional Sessions Judge,...

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Bombay High Court Dismisses Application for Perjury Proceedings Under Section 340 CrPC Against Respondents in Property Dispute — No Prima Facie Case of Forgery or False Evidence Established. The Court Held That Before Initiating Proceedings Under Section 340 CrPC, the Accused Must Be Heard, and the Applicant Failed to Prove Intentional Falsehood....

The judgment pertains to a Civil Application filed under Section 340 read with Section 195 of the Code of Criminal Procedure, 1973 (CrPC) by Satyanarayan Nandkishor Pande (the applicant), who was Resp...

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Bombay High Court Dismisses Application for Perjury Proceedings in Property Dispute — No Prima Facie Case of False Evidence Established Under Section 340 CrPC. Court Hears Accused on Preliminary Issue and Finds Allegations Unsubstantiated....

The judgment concerns a Civil Application filed under Section 340 read with Section 195 of the Code of Criminal Procedure, 1973, by Satyanarayan Nandkishore Pande (the applicant) against Vinay Jagdish...

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Bombay High Court Allows Section 9 Petition for Interim Relief in Family Settlement Dispute. Court grants status quo order to protect assets pending arbitration under family settlement agreement....

The petitioner, Mukesh J. Shah, filed an Arbitration Petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking interim relief pending arbitral proceedings. The dispute arose from...

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Bombay High Court Allows Tenant to Deposit Rent Pending Appeal Despite Eviction Decree — Appeal is Continuation of Suit, Rent Deposit Order Continues. Nomenclature of 'Rent' Not Decisive; Court Can Direct Deposit of Compensation Under Section 12 of Maharashtra Rent Control Act, 1999....

The Petitioner, original plaintiff in RAD Suit No. 1958 of 2003, challenged the order dated 4 September 2018 by which the Appeal Court dismissed his application (Exhibit 13) to deposit rents pending A...

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Bombay High Court Allows Amendment of Written Statement in Child Custody Case Despite Evidence Being Closed. The court held that the Family Court failed to exercise its jurisdiction by refusing amendment related to permanent custody of child, which did not change fundamental character of written statement....

The petitioner, Vinod George, filed a writ petition challenging the order dated 12 September 2018 passed by the learned Family Court, which rejected his application for amendment of his written statem...