Bombay High Court

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Upholds Conviction and Death Sentence in POCSO Case Due to Credibl...
Supreme Court Dismisses Appeal Against High Court's Reversal of Trial Court's De...

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Bombay High Court Allows Appeal in Motor Accident Claim Under Section 163-A of Motor Vehicles Act, 1988 — Negligence Not Required for Structured Compensation. Court holds that for claims under Section 163-A, the claimant need not prove negligence; the 'arising out of use' requirement is satisfied if the vehicle was involved in the accident, even if the collision was not the direct cause of death....

The case arises from a motor accident claim filed by the parents and sister of Dinesh Kadam, a 22-year-old lift mechanic who died on 11 April 2007 after a motorcycle accident on 8 April 2007. Dinesh w...

High Court

Bombay High Court Allows Tenant's Petition in Eviction Case Under Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 — Acquisition of Alternate Residence by Tenant's Sons Not Attributable to Tenant. The court set aside eviction on ground of acquisition of alternate residence under Section 13(1)(l) and remanded for fresh consideration of reasonable and bona fide requirement under Section 13(1)(g) and comparative hardship under Section 13(2)....

The petitioners, tenants and legal representatives of the original tenant, challenged the eviction decree passed by the trial court and confirmed by the appellate court under the Bombay Rents, Hotel a...

High Court

Bombay High Court Allows Tenant's Petition in Part — Eviction on Ground of Acquisition of Alternate Residence by Tenant's Sons Not Sustainable. Acquisition of Alternate Residence Under Section 13(1)(l) of Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 Must Be by Tenant Himself, Not by Family Members....

The petitioners, tenants and legal representatives of the original tenant, challenged the eviction decree passed by the trial court and confirmed by the appellate court. The landladies had instituted ...

High Court

Bombay High Court Partly Allows Appeal Reducing Compensation in Motor Accident Claim Due to Lack of Income Proof and Wrong Multiplier. Tribunal's award of Rs.2,25,000 reduced to Rs.1,44,000 with 6% interest as per Second Schedule of Motor Vehicles Act, 1988....

The appeal arises from a judgment of the Motor Accident Claims Tribunal, Achalpur, in MACP No.48/2001 dated 30/09/2005, awarding Rs.2,25,000 with 9% interest to the claimants (respondents 1-5), the wi...

High Court

Bombay High Court Allows Appeal Against Remand Order in Encroachment Suit — Remand for Remeasurement Without Setting Aside Trial Court's Findings on Evidence Held Impermissible Under Order 41 Rule 23 CPC. First Appellate Court Cannot Order Fresh Measurement to Fill Gaps in Plaintiff's Case....

The appellant, original defendant in a suit for removal of encroachment, challenged the order of the District Judge-3, Yavatmal, dated 05/07/2016 in RCA No.32/2007, whereby the first appellate court r...

High Court

High Court of Bombay at Goa Allows Appeal in Land Acquisition Compensation Case. Appellant's land on boundary of Margao city Ward No.6 entitled to ₹2000 per sq.mt. compensation, not ₹990 per sq.mt. as awarded by Reference Court....

The appellant, Valmiki Faleiro, owned 3042 sq.mts. of land in Survey No. 194/1 (part) which was acquired by the Special Land Acquisition Officer for the construction of a guest house under a Section 4...

High Court

Bombay High Court Allows Amendment of Written Statement in Civil Suit for Declaration of Ownership and Injunction — Amendment Sought Before Commencement of Trial Held Permissible Under Order VI Rule 17 CPC. The court set aside the Trial Court's rejection of the amendment application, holding that pre-trial amendments should be liberally allowed to determine the real controversy....

The petitioner, Parmilabai Machindra Harne, was the defendant in Regular Civil Suit No. 386/2015 filed by the respondent, Ganesh Narayan Harne, seeking a declaration of exclusive ownership and possess...

High Court

Bombay High Court Dismisses Petition Challenging Market Area Notifications Under Maharashtra Agricultural Produce Marketing Act, 1963 — Petitioners' Challenge Barred by Res Judicata and Delay. Notifications dated 24-2-1995 and 17-4-1998 declaring Jadhavwadi as principal market area upheld as petitioners failed to show any legal infirmity and were bound by earlier decisions in WP 2145/2004 and WP 7123/2005....

The petitioners, four individuals from Aurangabad, filed a writ petition in 2006 challenging two notifications issued by the respondents: one dated 24-2-1995 and another dated 17-4-1998, which declare...

High Court

High Court of Bombay Considers State Appeal Against Acquittal in Murder Case — Key Issue of Reliability of Dying Declaration. The Case Involved Conflicting Injuries to Both Sides, Requiring Assessment of the Genesis of the Fight and Admissibility of Dying Declaration Under Section 32 of the Indian Evidence Act, 1872....

The matter arose from a factional feud in village Zola, where two groups were vying for control of the Grampanchayat. Accused No.1 was the sarpanch. On 22nd November 1990, the rival group had gone to ...

High Court

Bombay High Court Allows State Appeal Against Acquittal in Dowry Death Case — Conviction Restored Under Section 304-B IPC. Presumption under Section 113-B Evidence Act applied as death occurred within seven years of marriage and dowry demand was proved; acquittal set aside as perverse....

The State of Maharashtra filed an appeal against the judgment and order of acquittal passed by the Additional Sessions Judge, Aurangabad, in Sessions Case No. 131 of 1996, acquitting the respondents (...

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Bombay High Court

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Bombay High Court Partly Allows Appeal Reducing Compensation in Motor Accident Claim Due to Lack of Income Proof and Wrong Multiplier. Tribunal's award of Rs.2,25,000 reduced to Rs.1,44,000 with 6% interest as per Second Schedule of Motor Vehicles Act, 1988....

Bombay High Court Allows Appeal Against Remand Order in Encroachment Suit — Remand for Remeasurement Without Setting Aside Trial Court's Findings on Evidence Held Impermissible Under Order 41 Rule 23 CPC. First Appellate Court Cannot Order Fresh Measurement to Fill Gaps in Plaintiff's Case....

High Court of Bombay at Goa Allows Appeal in Land Acquisition Compensation Case. Appellant's land on boundary of Margao city Ward No.6 entitled to ₹2000 per sq.mt. compensation, not ₹990 per sq.mt. as awarded by Reference Court....

Bombay High Court Allows State Appeal Against Acquittal in Dowry Death Case — Conviction Restored Under Section 304-B IPC. Presumption under Section 113-B Evidence Act applied as death occurred within seven years of marriage and dowry demand was proved; acquittal set aside as perverse....

Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensation Cases,...

Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Dispute — Upho...

Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Suit for Spec...

High Court Dismisses State's Writ Petition Against Tribunal's Order for Appointment of Exc...

High Court of Karnataka Quashes Enforcement Directorate Actions in Multiple Writ Petitions...

Supreme Court Upholds Conviction and Death Sentence in POCSO Case Due to Credible Testimon...

Supreme Court Dismisses Appeal Against High Court's Reversal of Trial Court's Decree on Wi...

Supreme Court Allows Appeal in Limitation Dispute Over Civil Works Contract. The Court fou...

Supreme Court Upholds Compulsory Retirement of Employees in Public Service — Validity of...

Supreme Court Upholds Eviction Process in Forest Areas While Ensuring Compliance with Fore...