Bombay High Court

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Bombay High Court Allows Appeal in Motor Accident Claim Case Due to Non-Application of Mind by Tribunal — Tribunal Failed to Consider Evidence and Wrongly Dismissed Claim Petition for Want of Proof of Negligence....

The appellants, being the children and mother of the deceased Mahebub Chand Shaikh, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, seeking compensation for the death of Mahe...

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Bombay High Court Allows Appeal in Workmen's Compensation Case — Technical Dismissal Set Aside. Claim Petition Under Workmen's Compensation Act Cannot Be Dismissed for Non-Production of Original Documents When Copies Are Available and No Prejudice Is Caused....

The case arises from a claim petition filed by the deceased workman Gajanan under the Workmen's Compensation Act, 1923, seeking compensation for injuries sustained in a motor vehicle accident that occ...

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Bombay High Court Dismisses Challenge to MPDA Detention Order Based on Severability of Grounds and Absence of Period in Initial Order. Detention Order Upheld as Past History Ground is Severable Under Section 5A, and Omission of Period in Initial Order Does Not Vitiate Detention....

The petitioner, detained under the Maharashtra Prevention of Dangerous Activities Act, 1981, challenged the detention order dated 22.08.2017 passed by the Commissioner of Police, Nagpur. The backgroun...

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Bombay High Court Dismisses State Appeal Against Acquittal in Murder and Cruelty Case Due to Unreliable Dying Declaration and Lack of Homicidal Proof. Acquittal of Husband and In-laws for Offences Under Sections 302 and 498A IPC Upheld as Prosecution Failed to Establish Forcible Administration of Insecticide or Cruelty....

The State of Maharashtra appealed against the judgment of the Adhoc District Judge-1, Nagpur, in Sessions Trial No.1 of 2010, which acquitted the respondents (husband, in-laws, and sister-in-law of th...

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Bombay High Court Allows Petition of Minority Educational Institution Against Reservation Policy in Recruitment. Certificate of minority status operates retrospectively from date of establishment, exempting institution from reservation obligations under Article 30(1)....

The petitioner, Bharat Sindhu Multipurpose Society, a society registered under the Societies Registration Act and Bombay Public Trusts Act, runs a B.Ed. College. The respondent no.1, Rashtrasant Tukdo...

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Bombay High Court Allows Quashing of FIR in Cheating Case Due to Settlement. Commercial Dispute Resolved Amicably Leads to Termination of Criminal Proceedings Under Sections 406 and 420 IPC....

The petitioner, Ajju C.S. Sindolli, filed a criminal writ petition under Section 482 of the Code of Criminal Procedure, 1973, seeking quashment of FIR No.110/2018 registered at the Economic Offences C...

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Bombay High Court Allows MCGM's Writ Petition Against Gratuity Order Due to Procedural Irregularities. Controlling Authority's Ex Parte Order Set Aside as Corporation Was Not Given Proper Opportunity to Be Heard....

The Municipal Corporation of Greater Mumbai (MCGM) filed a writ petition challenging three orders: (1) an ex parte order of the controlling authority under the Payment of Gratuity Act, 1972 directing ...

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Bombay High Court Upholds Direct Recruit Section Officers' Seniority Over Promotees in Maharashtra Secretariat Service. Seniority to be determined from date of substantive appointment, not from date of ad-hoc promotion....

The case involves four writ petitions filed by direct recruit Section Officers and promotee Section Officers of the Maharashtra Secretariat Service, challenging orders of the Maharashtra Administrativ...

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Bombay High Court Allows Writ Petition by Mutual Fund Against Sales Tax Reassessment Orders — Holds Mutual Fund Not a Dealer Under MVAT Act, 2002. Reassessment Proceedings Initiated Beyond Limitation Period and Without Proper Sanction Are Invalid....

The petitioner, Axis Mutual Fund, filed a writ petition under Article 226 of the Constitution of India challenging several orders passed by the sales tax authorities under the Maharashtra Value Added ...

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Bombay High Court Dismisses Petition Challenging Municipal Licensing Requirement for Food Business — Holds That MMC Act and FSS Act Can Coexist Without Repugnancy. Section 394(1)(e) of MMC Act, 1888 is Not Void Under Article 254 as It Operates in a Different Field of Municipal Regulation....

The petitioner, Sanjeev Rajaram Chimbulkar, a food business operator, filed a writ petition under Article 226 of the Constitution before the Bombay High Court challenging the requirement of obtaining ...