Bombay High Court

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Bombay High Court Considered Second Appeal on Maintainability of Suit and Validity of Demolition Notices Under Bombay Provincial Municipal Corporations Act, 1949. Substantial Questions Framed on Non-Issuance of Section 487 Notice and Classification of Shed as New Construction Under Sections 260(i) and 260(ii)....

This Second Appeal before the High Court of Judicature at Bombay arose from a suit filed by the appellants, who were the original plaintiffs, against the Municipal Corporation of the City of Pune, the...

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High Court of Judicature at Bombay Recalculated Motor Accident Compensation in Insurer's Appeal Under Section 173 of Motor Vehicles Act, 1988. Court Reassessed Loss of Dependency, Future Prospects, Consortium and Considered Whether Enhancement Could Be Granted Without Cross-Appeal, Applying Beneficial Legislation Principles....

The appeal arose from a motor accident claim decided by the Motor Accident Claims Tribunal, Mumbai, in Application No.2935 of 1996. The claimants, legal representatives of deceased Deepak @ Dilip Govi...

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Bombay High Court Allows Section 11 Arbitration Petition in Land Sale MoU Dispute Despite Cancellation Deed Dispute. Formal Existence of Arbitration Agreement Under Section 11(6A) of Arbitration and Conciliation Act, 1996, Sufficed to Refer Parties, Including Prima Facie Non-Signatories, to Arbitration....

The judgment concerned an arbitration petition under Section 11 of the Arbitration and Conciliation Act, 1996, filed by the petitioner, Ravindra Eknath Kumavat, seeking reference of disputes to arbitr...

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Bombay High Court Considers Writ Petition Challenging Municipal Commissioner's Sanction of 13.40 Meter Road Line Through Developer's Slum Rehabilitation Layout. SRA Admitted Error in No Objection and Recommended Hearing; MCGM Willing to Entertain Modified Alignment....

This writ petition before the Bombay High Court arose from a challenge by a developer to the decision of the Municipal Corporation of Greater Mumbai (MCGM) sanctioning a new road line of 13.40 metres ...

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Bombay High Court Hears Writ Petition Challenging Family Court Order Directing DNA Profiling Test in Child Legitimacy Dispute. Section 112 Indian Evidence Act Presumption of Legitimacy and Exceptional Circumstances for DNA Test Considered....

The writ petition arose from a matrimonial dispute before the Family Court, Nagpur, in which the respondent-husband sought a DNA Profiling Test to determine the legitimacy of a child born to the petit...

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Bombay High Court Quashes GST Registration Cancellation for Violation of Natural Justice. Vague Show Cause Notice Under Section 29(2)(e) of Maharashtra Goods and Services Tax Act, 2017 Lacked Particulars and Hearing Date, Rendering Cancellation Unsustainable....

The dispute arose from cancellation of the petitioner's registration under the Maharashtra Goods and Services Tax Act, 2017. The petitioner, a registered person with GSTIN 27JPLPS2317B1ZS, challenged ...

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Bombay High Court Upholds Removal of Juvenile Justice Board Member in Case Concerning Applicability of Repealed Enactment. State Government Held Competent to Order Removal Under Juvenile Justice (Care and Protection of Children) Act, 2015, Despite Appointment Under 2000 Act....

The petitioner, an Advocate and Lecturer, was appointed as a Member of the Juvenile Justice Board, Mumbai, by Notification dated 18 June 2015 under the Juvenile Justice (Care and Protection of Childre...

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Bombay High Court Adjudicates Public Interest Litigations Challenging Establishment of Balasaheb Thackeray Rashtriya Smarak at Mayor's Bungalow. Petitions Concern Government Resolution Dated 27 September 2016, Amendment to Section 92 of Mumbai Municipal Corporation Act, 1888, and Change of Land Use from Green Zone to Residential Zone....

The present public interest litigations challenged the decision of the State Government to set up Balasaheb Thackeray Rashtriya Smarak at the site of Mayor's Bungalow located at Shivaji Park, Dadar, M...

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Bombay High Court Upholds Motor Accident Claims Tribunal's Finding of Negligence Against Insurer and Enhances Compensation in Motor Accident Claim. Claimant's Paraplegia Resulting from Spinal Cord Injury Treated as 100% Functional Disability, Warranting Increased Awards for Pain, Suffering, and Loss of Amenities....

These were two first appeals arising from a judgment of the Motor Accident Claims Tribunal, Mumbai, in a claim concerning a road accident on 4 July 2016 at Pramila Nagar Junction, Dahisar. The claiman...