Bombay High Court

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High Court of Bombay at Goa Dismisses Appeal in Motor Accident Claim — Parents Fail to Prove Negligence and Income of Deceased Son. Claim for Compensation Dismissed as Claimants Did Not Establish Rash and Negligent Driving or Deceased's Employment and Income Under Motor Vehicles Act, 1988....

The appellants, K. J. Mohammad and Smt. Saramma, parents of a deceased 22-year-old son, filed a claim petition under the Motor Vehicles Act, 1988, seeking compensation of Rs. 4,00,000/- for the death ...

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Bombay High Court at Goa Allows Appeal Against Injunction in Property Dispute — Agreement for Sale Not Considered by Trial Court. The court held that the Trial Court failed to apply the principles of prima facie case, irreparable injury, and balance of convenience, and ignored the Agreement dated 7.12.1990 and the delay in filing the suit....

The case involves an appeal from order filed by the original defendants (appellants) challenging an injunction granted by the Senior Civil Judge, Mapusa, restraining them from undertaking any construc...

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Bombay High Court Upholds Conviction for Murder in Temple Election Dispute — Life Imprisonment Confirmed for Accused No.1 Under Section 302 IPC. Motive and Last Seen Evidence Sufficient to Sustain Conviction Despite Acquittal of Co-accused....

The appellant, Uttam Vaiju Majukar, was convicted by the Additional Sessions Judge, Gadhinglaj, for the murder of Suresh Annappa Bhogan under Section 302 of the Indian Penal Code and sentenced to life...

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Bombay High Court Dismisses Election Petition for Lack of Material Facts in Recount Application. Allegations of Improper Counting Must Be Supported by Specific Averments Under Section 83 of the Representation of the People Act, 1951....

The case involves an election petition filed by Rashmi Digambar Bagal challenging the election of Narayan Govindrao Patil from the 244 Karmala Assembly Constituency. The petitioner alleged irregularit...

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Bombay High Court Dismisses Appeal Against Demolition Orders for Unauthorized Construction in Municipal Corporation of Greater Mumbai Case. Court Held That Stop Work Orders and Demolition Notices Were Valid as Appellant Failed to Obtain Required Permission Under Section 347 of the Mumbai Municipal Corporation Act, 1888....

The appellant, United Construction, a partnership firm, purchased a building known as 'Roop Niketan' (now 'Shanidev') located at Colaba, Mumbai, by a sale deed dated 25 February 2014 on an 'as is wher...

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Bombay High Court Dismisses Petition Challenging Withdrawal of Suit with Liberty to File Fresh Suit Under Order XXIII Rule 1 CPC. Trial Court's Discretion Upheld as No Abuse of Process Found — Plaintiff Permitted to Withdraw Suit for Declaration and Injunction Due to Formal Defects, Subject to Costs....

The petitioner, Ahemadbee Ashrafmiya Shaikh, was the original defendant No. 2 in Regular Civil Suit No. 26 of 2005 filed by respondent No. 1, Yusuf Faijusab Sayyed, in the court of Civil Judge, Junior...

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Bombay High Court Allows Appeals in Land Acquisition Compensation Cases — Enhances Compensation for Irrigation Canal Construction. Court holds that claimants are entitled to compensation for the land acquired under the Land Acquisition Act, 1894, and the Reference Court erred in rejecting the claim for additional compensation for the land already acquired....

The case involves three first appeals filed by the claimants (Aba s/o Dashrath Pawar, Gorakh s/o Bapu Pawar, and Gulab s/o Ananda Pawar) against the State of Maharashtra and the Executive Engineer, M....

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Bombay High Court Allows Writ Petition Challenging ULC Act Vesting Order — Petitioner's Title Not Extinguished by Surrender of Possession by Third Party. Constituted Attorney of Partners and Owners of Land Successfully Challenges Competent Authority's Order Vesting Land in State under Urban Land (Ceiling and Regulation) Act, 1976....

The petitioner, Pankaj S. Parikh, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court seeking a declaration that the respondents (the Additional Collector...

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Bombay High Court Dismisses Employer's Challenge to Labour Court Awards in Milk Union Retrenchment Cases. Retrenchment of Daily Wagers Without Compliance with Section 25-F of Industrial Disputes Act, 1947 Held Illegal....

The petitioner, Solapur Zilla Sahakari Dudh Utpadak Sangh, a cooperative milk union, challenged multiple awards passed by the Labour Court, Solapur, in various reference cases. The respondents were da...

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Bombay High Court Quashes Summons Under Section 319 CrPC Against Proposed Accused in Sessions Case — Discharge Under Section 169 CrPC Requires Inquiry Under Section 300(5) r/w Section 398 CrPC Before Invoking Section 319 CrPC....

The applicants, seven individuals, were originally named in a First Information Report but were discharged under Section 169 of the Code of Criminal Procedure, 1973 (CrPC) during investigation. Subseq...