Bombay High Court

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Bombay High Court Upholds Impleadment of Legal Representatives as Defendants in Individual Capacity in Specific Performance Suit. Order I Rule 10 CPC Allows Addition of Necessary Parties Claiming Independent Rights in Suit Property Despite Already Being on Record as LRs....

The petitioner filed a suit for specific performance of an agreement dated 11-11-2009 executed by the deceased defendant no.1 in respect of suit property. The deceased defendant filed a written statem...

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Bombay High Court Upholds Life Sentence for Grandson in Murder of 82-Year-Old Grandmother over Property Dispute. Circumstantial Evidence Including Motive, Last Seen, Extra-Judicial Confession, and Recovery of Weapon Sufficient to Convict Under Section 302 IPC....

The appellant, Sagar Dwarkanath Patil, was convicted under Section 302 of the Indian Penal Code for the murder of his 82-year-old grandmother, Smt. Parvatibai Govind Pisekar, on 11 February 2009 at he...

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Bombay High Court Upholds Dismissal of Railway Employee for Theft of Parcels — Natural Justice Violation Claim Rejected. Disciplinary proceedings valid despite non-supply of inquiry report as employee failed to show prejudice....

The judgment concerns two cross writ petitions arising from disciplinary proceedings against V.M. Shukla, a Parcel Clerk employed by Central Railway, Kalyan. Shukla was charged with theft of parcels e...

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Bombay High Court Allows ESIC Appeal in Royal Western India Turf Club Ltd. v. ESIC — Club Held Not Exempt from ESI Act Coverage. Employees of a club engaged in betting activities are covered under the Employees' State Insurance Act, 1948, as the club is a 'shop' within the meaning of the Act....

The case involves two writ petitions: one by Royal Western India Turf Club Ltd. challenging the applicability of the Employees' State Insurance Act, 1948 (ESI Act) to its employees, and another by the...

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Bombay High Court Dismisses Second Appeal in Suit for Possession Based on Title — Concurrent Findings of Fact Not Interfered With. Court upholds that a co-owner can sue for possession without impleading other co-owners and that adverse possession cannot be claimed against a co-owner....

The case involves a second appeal filed by the original defendants against the concurrent decrees of the trial court and first appellate court in a suit for possession and mesne profits. The plaintiff...

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Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence of Deceased. The Court apportioned liability 50:50 between the car driver and the truck driver, reducing the insurer's liability from full award to 50%....

The case arises from a motor accident claim filed by the legal representatives of a deceased pillion rider. The deceased was riding pillion on a motorcycle when a car driven by one respondent and a tr...

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Bombay High Court Quashes Criminal Proceedings in Dowry Harassment Case Due to Lack of Territorial Jurisdiction. Allegations of cruelty under Section 498A IPC and dowry demand under Dowry Prohibition Act found to have occurred outside Maharashtra, making Hingoli court lack jurisdiction....

The applicants (original accused) filed a criminal application under Section 482 CrPC seeking quashing of RCC No. 01/2017 pending before the Judicial Magistrate First Class, Hingoli, arising from FIR ...

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Bombay High Court Upholds Conviction of Appellant for Kidnapping and Aggravated Penetrative Sexual Assault Under POCSO Act — Victim's Age Proved by School Records and Medical Evidence. The court held that the victim being a minor, her consent is immaterial, and the prosecution successfully proved the offences beyond reasonable doubt....

The appellant, Ittarsingh S/o Janaklal Dahikar, was convicted by the Additional Sessions Judge, Achalpur in Special (P) Case No. 106 of 2016 for offences under Section 363 of the Indian Penal Code (IP...

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Bombay High Court Upholds Conviction of Appellant for Aggravated Penetrative Sexual Assault and Kidnapping of Minor Girl. Victim's Testimony and Medical Evidence Sufficient to Prove Offences Under Sections 5(1) and 6 of POCSO Act and Sections 363, 366A, 376 of IPC....

The appellant, Rupesh Parasram Nehare, was convicted by the Special Judge, Warora in Special (POCSO) Case No. 05 of 2015 for offences under Section 5(1) punishable under Section 6 of the Protection of...

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Bombay High Court Dismisses Writ Petition of Peon Challenging Order of Deemed Abandonment of Service. Continuous Absence for Over Nine Years Without Sufficient Explanation Justifies Deemed Abandonment Under Rule 16(3) of MEPS Rules, 1981....

The petitioner, Mustakimkhan Yawar Khan, was employed as a Peon at Maulana Abdul Kalam Azad Urdu High School, run by respondent no.1 Azad Education Association and Social Welfare Sanstha. On 02-02-200...