Bombay High Court

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High Court of Bombay Dismisses Insurance Company's Appeal in Motor Accident Claim — Insurer Failed to Prove Driver's Lack of Valid License. The court upheld the Tribunal's award of Rs.11,38,000/- to the claimants, holding that the insurer did not discharge its burden of proving breach of policy conditions under the Motor Vehicles Act, 1988....

The case arises from a motor accident claim filed by the wife and children of Sanjay Gujar, who died in a road accident on 28 December 2004. The deceased was riding a motorcycle when a Minidor Auto Ri...

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Bombay High Court Dismisses Writ Petitions Challenging Tender Allotment in APMC Construction Contracts. Court upholds validity of tender process where lowest bidder was not disqualified despite minor technical discrepancies, emphasizing that courts should not interfere in tender matters unless there is clear arbitrariness or mala fides....

The petitioner, M/s. Mana Constructions, challenged the allotment of two construction contracts by the Agricultural Produce Market Committee (APMC), Katol, to respondent No. 2, M/s. Shriram Constructi...

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Bombay High Court Grants Bail to MCOCA Accused Due to Lack of Evidence of Membership in Organized Crime Syndicate. Single Incident of Assault Not Sufficient to Attract Section 3(4) of Maharashtra Control of Organised Crime Act, 1999....

The applicant, Dinesh Bhondulal Baisware, filed a criminal application for bail under the Maharashtra Control of Organised Crime Act, 1999 (MCOCA). The case arose from an incident on 29.5.2015 where t...

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Bombay High Court Allows Tenant's Writ Petition in Rent Control Eviction Case — Suit Filed Before Expiry of 90-Day Notice Period Under Section 15(2) of Maharashtra Rent Control Act, 1999 Held Without Jurisdiction. The defect of premature filing is not curable and can be raised for the first time in writ petition....

The petitioner, a tenant in premises owned by the respondent, was served with a demand notice under Section 15(2) of the Maharashtra Rent Control Act, 1999 on 19/02/2008. The respondent filed a suit f...

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Bombay High Court Dismisses Petition Challenging Caste Certificate Scrutiny Committee's Adverse Report and Employer's Termination Order. Caste Claim Rejected as Petitioner Failed to Establish That His Caste 'Dhor' Is Included in Scheduled Castes List for Maharashtra Under Presidential Order....

The petitioner, Shrikant s/o Eknath Kachave, filed a writ petition challenging the order of the Caste Certificate Scrutiny Committee, which declared his caste certificate as invalid, and the subsequen...

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Bombay High Court Allows Widow's Claim for Family Pension Despite Husband's Resignation — Resignation Does Not Forfeit Family Pension Under BSNL Pension Rules, 2007. Family pension is a separate benefit not affected by Rule 44(2) forfeiture clause....

The petitioner, Kalpana Bachhav, is the widow of Vinayak Tryambak Bachhav, who was employed as a T.M. (Telecom Mechanic) with Bharat Sanchar Nigam Limited (BSNL). He died on 18 January 2008 while in h...

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Bombay High Court Allows Petition in Rent Control Jurisdiction Dispute — Civil Judge (Junior Division) Had Pecuniary Jurisdiction to Try Eviction Suit Valued at Rs.20,700/-. The court held that absence of small cause court powers does not oust jurisdiction when suit valuation exceeds small cause court limit....

The petitioner, Mangesh Vasant Ajmire, filed a civil suit for eviction against the respondent, Pradeepkumar Bansilal Mohta, in the Court of Civil Judge (Junior Division), Amravati. The suit was valued...

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Bombay High Court Dismisses PIL Challenging MCGM Contract Awards in Public Interest Litigation. Court Finds No Irregularity in Tender Process and Upholds Validity of Contracts for Road Works....

The present Public Interest Litigation (PIL) was filed by Jayshree Ramakant Khadilkar Pande challenging the award of four contracts by the Municipal Corporation of Greater Mumbai (MCGM) to respondents...

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Bombay High Court Dismisses Appeal Under Section 37 of Arbitration Act — Upholds Arbitral Award Granting Interest on Delayed Payments. Court holds that award of interest at 18% per annum is not patently illegal under Section 34 of the Arbitration and Conciliation Act, 1996....

The case involves an appeal by Jawaharlal Nehru Port Trust (Appellant) against the rejection of its petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral awa...