Bombay High Court

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High Court of Bombay at Nagpur Allows Appeal in Negotiable Instruments Act Case — Reverses Acquittal Based on Misappreciation of Statutory Presumption Under Section 139. The Court Held That the Accused Failed to Rebut the Presumption That the Cheque Was Issued for Discharge of a Debt or Liability....

The appellant, Ghanshyamdas Lalchand Chandak, was the original complainant in Summary Criminal Case 241/1999 under the Negotiable Instruments Act, 1881. He appealed against the judgment and order date...

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Bombay High Court Allows Writ Petition for Release of Seized Vehicle Despite Alternative Remedy — Confiscation Order Without Jurisdiction Under Maharashtra Prohibition Act. The court held that an order passed without jurisdiction is a nullity and the availability of an alternative remedy does not bar writ jurisdiction under Article 227....

The petitioner, Vijay Kashinath Wankar, filed a Criminal Writ Petition under Article 227 of the Constitution of India before the Bombay High Court, Nagpur Bench, challenging an order passed by the Add...

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Bombay High Court Holds Writ Petition Maintainable Against Sessions Judge's Order Under Indian Forest Act, 1927 Despite Finality Clause. Finality Clause Under Section 61G Does Not Bar Constitutional Remedy Under Article 226 of the Constitution of India....

The petitioner, Forest Development Corporation of Maharashtra Limited (FDCM), filed a criminal writ petition challenging an order dated 01/08/2017 passed by the learned Additional Sessions Judge, Chan...

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Bombay High Court Allows Termination of Pregnancy Beyond 20 Weeks Due to Severe Foetal Anomalies. Medical Board Confirms Substantial Risk of Serious Physical Handicap Under Section 3(2)(b) of Medical Termination of Pregnancy Act, 1971....

The petitioner, a woman in her 27th week of pregnancy, filed a writ petition seeking permission for medical termination of pregnancy. She had undergone a sonographical examination on 18 December 2017 ...

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Bombay High Court Dismisses Revision Petition Challenging Valuation Order in Suit for Declaration of Ownership and Possession. Suit for declaration of exclusive ownership and possession of flat must be valued on market value under Section 6(iv)(d) of Bombay Court Fees Act, not under Section 6(4)(j) for specific performance....

The petitioner, Kiran Suresh Bhagiya, filed a Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908, challenging an order dated 12 April 2017 passed by the Joint Civil Judg...

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Bombay High Court Allows Appeal in Motor Accident Claim Case — Enhances Compensation from Rs. 6,72,000 to Rs. 10,08,000. Court applied correct multiplier of 17 and added 40% future prospects for deceased aged 32 years, while upholding 50% contributory negligence....

The appeal was filed by the claimants, being the widow, minor son, and mother of the deceased Santosh Gaware, who died in a motor vehicle accident on 20th August 2015. The deceased was riding a motorc...

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Bombay High Court Dismisses Appeal Against Conviction for Attempt to Murder Under Section 307 IPC; Upholds Ten-Year Rigorous Imprisonment. Court Holds That Axe Blows to Vital Facial Region Constitute Murderous Assault and Presume Knowledge of Likely Death, Even if Victim Survives....

The appeal arose from a conviction under Section 307 of the Indian Penal Code for attempt to murder. The appellant was the eldest son of the complainant Samayya Latkari. On the night of 14 February 20...

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Bombay High Court Allows Revision Against Injunction Order in JCB Machine Partnership Dispute. Court holds that a suit for mandatory injunction seeking possession of a jointly owned asset is not maintainable without a prayer for partition, and that the trial court's order granting injunction was without jurisdiction....

The case involves a civil revision application filed by the original defendant against an order granting mandatory injunction in favor of the plaintiff. The plaintiff and defendant, residents of the s...

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Bombay High Court Allows Leave to Omit Relief in Partition Suit Under Order 2 Rule 2(3) CPC — Trial Court Erred in Considering Merits of Partition Claim at Leave Stage. The court held that the question of whether the petitioners are coparceners or entitled to partition is irrelevant for deciding an application under Order 2 Rule 2(3) CPC....

The petitioners, Smt. Nikita Manohar More and Ms. Priyanka Baban Patil, filed a Writ Petition under Article 227 of the Constitution of India challenging an order dated 9th September 2016 passed by the...