Bombay High Court

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Bombay High Court Allows Writ Petitions Challenging Scrutiny Committee Orders Invalidating Thakur Scheduled Tribe Claims. Removal of Area Restriction by Act 108 of 1976 and Prior Validity Certificates of Relatives Render Rejection Orders Unsustainable....

The petitioners filed writ petitions before the Bombay High Court, Aurangabad Bench, challenging orders of the Scheduled Tribe Certificate Scrutiny Committee which had invalidated their claims of belo...

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Bombay High Court Upholds Life Conviction of Wife for Murder of Husband Based on Circumstantial Evidence. Last seen theory and failure to explain death under Section 106 of Indian Evidence Act, 1872 led to conviction under Section 302 of Indian Penal Code, 1860....

The appellant, Jaishree Devkar, was convicted by the Additional Sessions Judge, Ambejogai, for the murder of her husband Rajabhau Devkar under Section 302 of the Indian Penal Code, 1860, and sentenced...

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Bombay High Court Dismisses Application for Appointment of Arbitrator in Lease Dispute Due to Bar Under Section 41 of Provincial Small Cause Court Act, 1887. Arbitration Clause in Lease Deed Held Invalid as Dispute Relates to Recovery of Possession and Rent, Falling Within Exclusive Jurisdiction of Small Cause Court....

The applicant, Jadavlal Mavji Patel, as lessor, filed a miscellaneous civil application under the Arbitration and Conciliation Act, 1996 seeking appointment of an arbitrator to resolve disputes arisin...

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High Court Allows Appeal in Motor Accident Claim for Permanent Disability - Compensation Enhanced to Rs. 2,00,000. The court held that the Tribunal erred in not awarding compensation for permanent disability and loss of future earnings under the Motor Vehicles Act, 1988....

The appellant, Milind Sharad Pendharkar, filed a claim petition under the Motor Vehicles Act, 1988, seeking compensation for injuries sustained in a motor vehicle accident on 11 June 1993. He was ridi...

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Bombay High Court Partly Allows Appeal in Land Acquisition Compensation Case — Enhances Market Value Based on Comparable Sale Instance. Court holds that sale instance of land with similar potential and location should be preferred over interior land for determining compensation under Section 23 of the Land Acquisition Act, 1894....

The appellant, Hariprasad Brijlal Bajpai, owned 4.94 hectares of land in Survey No.78, village Gimona, Babhulgaon, Yavatmal. The land was acquired for resettlement of village Malapur under a Section 4...

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Bombay High Court Allows Appeal by Acquiring Body in Land Acquisition Compensation Case — Reference Court's Award Set Aside for Lack of Reasoning. The Court held that the Reference Court must provide reasons based on evidence for enhancing compensation under the Land Acquisition Act, 1894....

The appeal was preferred by the acquiring body, Vidarbha Irrigation Development Corporation, challenging the judgment and award dated 22.4.2002 passed by the Civil Judge, Senior Division, Amravati in ...

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Bombay High Court Dismisses Writ Petition Seeking Declaration That Diploma in Special Education Is Equivalent to D.Ed. General for Primary Teachers. Court Holds That State Regulations Prescribing D.Ed. General as Essential Qualification Override Central Equivalence Claims....

The dispute arose from the State of Maharashtra's decision to absorb special teachers, previously employed under the Integrated Education Scheme for physically challenged children (‘Apang Ekatma Shi...

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Bombay High Court Dismisses Second Appeal in Property Dispute — Upholds Injunction Based on Possession Despite Failure to Prove Ownership. Concurrent findings of fact on possession are binding in second appeal unless perverse; a plaintiff in possession can seek injunction against a trespasser under Section 38 of the Specific Relief Act, 1963....

The case involves a second appeal arising from a suit for declaration of ownership and permanent injunction filed by the respondents (original plaintiffs) against the appellants (original defendants) ...