Bombay High Court

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Bombay High Court Allows Appeal in Land Acquisition Case — Compensation Enhanced from Rs. 40,000 to Rs. 1,00,000 per Hectare. Irrigated Land with Development Potential Justifies Higher Market Value Under Section 23 of Land Acquisition Act, 1894....

The appellant, Fatimabegum, owned agricultural land in Gondwakadi, Yavatmal, comprising Gat No.79 (4.64 hectares) and Gat No.53 (4.46 hectares). The land was acquired by the State of Maharashtra for t...

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Bombay High Court Enhances Compensation for Land Acquisition in Gondwakadi Tank Project — Market Value Fixed at Rs. 1,00,000 per Hectare with Statutory Benefits. Court Relies on Previous Awards for Comparable Lands Under Land Acquisition Act, 1894....

The case involves two cross-appeals arising from a common judgment of the Civil Judge, Senior Division, Pandharkawada in Land Acquisition Case No. 205/2002, dated 17.12.2005. The land bearing Gat No. ...

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High Court of Bombay Upholds Compensation Award in Motor Accident Claim — Insurance Company Liable for Bus Driver's Negligence. Deceased Manager's Income Assessed at Rs.3,000 per Month with Multiplier of 17 and 50% Deduction for Personal Expenses Under Motor Vehicles Act, 1988....

The appeal was filed by the Divisional Manager of New India Assurance Company Ltd. against the judgment and award of the Motor Accident Claims Tribunal, Nagpur, in Claim Petition No.1135/2006 dated 26...

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Bombay High Court Dismisses State Appeal Against Acquittal in Corruption Case — Demand for Bribe Not Proved Beyond Reasonable Doubt. Acquittal of Police Head Constable under Sections 7 and 13(1)(d) read with 13(2) of Prevention of Corruption Act, 1988 upheld due to lack of credible evidence on demand and acceptance of gratification....

The State of Maharashtra appealed against the judgment and order of acquittal passed by the learned Special Judge at Buldana on 28.2.2003 in Special Anti Corruption Case No.1 of 1997, whereby the resp...

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Bombay High Court Quashes Rejection of Technical Bid in Tender Process — Shareholding in Defaulter Company Not a Valid Ground for Disqualification Without Prior Notice or Opportunity. The court held that rejection of a bid based on past shareholding in a defaulter company, without giving an opportunity to explain, is arbitrary and unsustainable....

The petitioner, Ganesh Vishal Infra Engineering Pvt. Ltd., challenged the decision of the respondent no.1, Mormugao Port Trust, rejecting its technical bid in a tender process. The rejection was based...

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Bombay High Court Allows Appeals in Specific Performance Suit — Agreement to Sell Not Proved, but Alternative Relief of Damages Granted. Court holds that failure to prove agreement does not bar claim for earnest money refund under Section 22 of Specific Relief Act, 1963....

The appellant, an architect, filed three suits for specific performance of agreements to sell immovable property against Gustavo Pinto and Lucio Miranda. The suits were dismissed by the trial court on...

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Bombay High Court Dismisses/Allows Petitions in JVPD Scheme Open Space Dispute — MHADA's Authority to Convert Garden Plots to Residential Use under Maharashtra Housing and Area Development Authority Act, 1976 Addressed. Detailed Legal Issues Including Consent Terms and Maintainability of Appeal Not Decided....

This common judgment deals with two writ petitions concerning the protection of open spaces in the Juhu Vile Parle Development Scheme (JVPD Scheme) at Juhu, Mumbai. Petitioners, including the Gulmohar...

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Bombay High Court Dismisses Management's Petition Challenging University Tribunal's Order of Reinstatement with Back Wages. Oral Termination of a Confirmed Lecturer Held Illegal as No Inquiry Was Conducted and Termination Was Not by Competent Authority....

The petitioners, a cooperative society and its affiliated colleges, challenged the judgment of the University Tribunal dated 6.11.1997, which allowed the appeal of respondent No.1 (Dr. Fakira Chintama...