Bombay High Court

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High Court of Bombay Quashes Execution Orders Directing Demolition Without Inquiry in Partition Suit. Executing Court's Orders Set Aside as Preliminary Decree Required Further Inquiry Under Order XX Rule 18(2) CPC and Consideration of Partition Act Provisions....

A dispute arose between four brothers over a plot of land and a house constructed on part of it. The original plaintiff filed a suit for possession, claiming ownership and that the defendants were per...

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High Court Dismisses Tracer's Petition Challenging Compulsory Retirement for Misappropriation of Cement Stock. Enquiry Findings Not Perverse and No Bias; Punishment Upheld Under Articles 226 and 227 of Constitution of India....

The case involved a writ petition filed by a tracer employed at Panchayat Samiti, Chimur, challenging the disciplinary action of compulsory retirement imposed by the Chief Executive Officer, Zilla Par...

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Bombay High Court Allows Appeal for Enhanced Compensation in Motor Accident Claim - Deceased Labourer's Income Assessed at Rs.4,500 per Month with Future Prospects. Negligence of Trailer Driver and Owner Established, Insurance Company Liable to Pay Enhanced Compensation with 9% Interest....

The appellants, parents of deceased Swapnil, filed an appeal against the judgment and order dated 30th March 2015 of the Motor Accident Claims Tribunal, Amravati, in Claim Petition No.576/2008, seekin...

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High Court of Bombay at Goa Quashes Order Dismissing Impleadment Application in Suit for Demolition and Permanent Injunction. Trial Court Erred by Not Exercising Power Under Order I Rule 10 CPC When Defendants Pleaded Widow Was Necessary Party....

This writ petition under Article 227 of the Constitution of India arose from the dismissal of an application under Order I Rule 10 read with Section 151 of the Code of Civil Procedure, 1908, by the Ci...

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High Court of Bombay at Goa Dismisses State Appeal in Land Acquisition Compensation Case; Upholds Enhanced Compensation Based on Comparable Sale Instances and Rejects State's Contentions on Agricultural Land and Tenant Status....

The High Court of Bombay at Goa heard a first appeal filed by the State against the judgment and award of the Reference Court enhancing land acquisition compensation. The respondent, an agricultural t...

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Bombay High Court Upholds Conviction for Rape and Wrongful Restraint Under Sections 341 and 376(1) r/w 34 IPC. Prosecutrix's Sole Testimony Found Sufficient Despite Delay in FIR and Negative Chemical Analyser's Report....

The prosecutrix, residing in a hostel for education, returned to her parental home to celebrate the holy month of Ramzan. On 2nd October 2007, while she was alone, the appellant along with two associa...

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Bombay High Court Quashes Order Denying Furlough to Life Convict — Holds That Furlough Is a Right, Not a Privilege, and Must Be Granted Unless Exceptional Circumstances Exist. The court directed reconsideration of furlough application without considering pendency of appeal as a ground for rejection under the Prisons (Bombay Furlough and Parole) Rules, 1959....

The petitioner, a life convict undergoing sentence in Aurangabad Central Prison, filed a Criminal Writ Petition under Article 226 of the Constitution of India seeking to quash the order dated 21.02.20...

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Bombay High Court Allows Declaration of Lapsed Reservation Under MRTP Act for Land Reserved for Public Purpose - Failure to Acquire Within Statutory Period Results in Deemed Lapse. Petitioner's land reserved for high school and playground under final development plan; Municipal Corporation failed to acquire land despite notice under Section 127 of MRTP Act, 1966....

The petitioner, Supreme Industries Ltd., owned land in survey nos. 245/2 and 245/3 at village Mehroon, Jalgaon. The final development plan for Jalgaon, published on 11.02.2002 and modified on 10.08.20...

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Bombay High Court Quashes Government Order Rescinding Standing Committee Resolution in Municipal Employee Disciplinary Appeal — Violation of Natural Justice. Government's rescission of Standing Committee's appellate order without notice to employee held unsustainable under Section 56(4) of Maharashtra Municipal Corporation Act....

The petitioner, Pramod Khobragade, a Senior Stenographer with the Aurangabad Municipal Corporation, was subjected to disciplinary proceedings and penalized by the Commissioner. The penalty included tr...

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Bombay High Court Acquits Appellants in Kidnapping Case Due to Voluntary Accompaniment by Minor. No 'Taking' Established Under Section 361 IPC as Minor Left Father's House of Her Own Free Will....

The appellants, Ashit s/o Adil Biswas, Madhav s/o Balram Gharami, and Suresh s/o Ramdas Bawankar (since abated), were convicted under Section 363 of the Indian Penal Code for kidnapping a minor girl. ...