Bombay High Court

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Bombay High Court Partially Allows MSRTC Appeal in Motor Accident Claim, Reduces Compensation for Agriculturist's Death; Supervision Loss Principle Applied Instead of Full Income Loss. Court Holds That Agricultural Income Is Not Entirely Lost Upon Death of Landowner, and Loss of Supervision Charges at Rs. 6,000 per Month Is Appropriate Under Motor Vehicles Act, 1988....

The appeal arose from a Motor Accident Claims Tribunal award in a claim petition filed by the legal heirs of Popatrao Gulabrao Kate, who died in a road accident. The claimants, his sons, sought compen...

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Bombay High Court Acquits Appellants in NDPS Case Due to Non-Compliance with Section 50 and Lack of Independent Witnesses. Conviction under Section 20 read with Section 29 of NDPS Act set aside as search and seizure conducted without proper procedure and evidence of conscious possession was insufficient....

The appellants, Baldeosingh s/o Jagannathsingh Sengar and Ishwarsingh s/o Dakursingh Gaur, were convicted by the Special Court under NDPS Act, Nagpur in Special Criminal Case No.10/2014 for offences p...

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High Court Allows Second Appeal of Charitable Trust, Holds that Suit for Exemption from General Tax Not Barred by Want of Statutory Notice Under Section 487 of Maharashtra Municipal Corporations Act, 1949. Demand Notice Issued Despite Exemption Held Illegal, Thus Notice Under Section 487 Not Required as Action Not in Execution of the Act....

The litigation arose from a civil suit filed by a registered public trust, the appellant, which owned a building used for maintaining cows within the limits of the Akola Municipal Corporation. The Cor...

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Bombay High Court Dismisses Appeal Against Refusal of Injunction in BMC Demolition Case — Building Safety Overrides Tenant Rights. The court upheld the trial court's refusal of ad-interim injunction under Section 354 of the Bombay Municipal Corporation Act, 1888, finding the building dilapidated and unsafe....

The appellants, tenants of a 60-year-old building called Kanhaiya Bhavan, filed a suit (L.C. Suit No. 1528 of 2018) seeking a declaration that the Technical Advisory Committee's order dated 31st Febru...

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Bombay High Court Quashes Process Issuance for Offences of Cheating and Forgery on Second Complaint Filed Without Disclosing Dismissal of Earlier Complaint. Second Complaint on Same Facts Not Maintainable in Absence of Exceptional Circumstances, Held Abuse of Process....

The petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973, challenged the order of the Chief Judicial Magistrate, Ahmednagar, dated 04.0...

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Bombay High Court Quashes Externment Order Due to Absence of Live Link and Inconsistent Treatment by Appellate Authority. The Court Holds That Externment Under Section 55 of the Maharashtra Police Act, 1951 Requires Proximity Between Offences and Action, and Dismissal of Petitioner’s Appeal While Allowing Co-Externees’ Appeals Demonstrates Non-Application of Mind....

The petitioner, a shopkeeper running a bag business in Dhule, challenged an externment order passed by the Superintendent of Police, Dhule, under Section 55 of the Maharashtra Police Act, 1951, extern...

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Bombay High Court Quashes FIR in Abetment of Suicide Case Due to Lack of Proximate Link Between Alleged Harassment and Suicide. Suicide Note Dated Over a Month Before Death and Deceased's Pre-existing Mental Distress Negate Abetment Under Section 306 IPC....

The applicant, Pramod Shriram Telgote, filed a criminal application under Section 482 CrPC seeking quashing of FIR No. 51/2013 registered at Police Station Borgaon Manju, District Akola, for the offen...