Bombay High Court

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Bombay High Court Dismisses Second Wife's Revision in Succession Certificate Dispute. Second Marriage During Subsistence of First Marriage Held Void Under Hindu Marriage Act, 1955, Entitling First Wife to Family Pension....

The case involves a dispute between two widows of the deceased Gangadhar Hiremath regarding entitlement to a succession certificate and family pension. The first wife, Nirmala, married Gangadhar in 19...

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Bombay High Court Appoints Court Receiver as Administrator Pendente Lite in Testamentary Suit Due to Executor's Incarceration and Risk to Estate. The court held that under Section 247 of the Indian Succession Act, 1925, an administrator pendente lite can be appointed when the executor is unable to act, to preserve the estate pending determination of the suit....

The dispute arises from the estate of Timothy D'Souza, who died on 7 April 2003. The plaintiff, Lalit D'Souza, propounded a Will dated 14 March 2003 appointing himself as sole executor, while the defe...

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Bombay High Court Quashes Conviction in Cheque Bounce Case Due to Delayed Notice Beyond 30 Days Under Section 138 NI Act. Notice Posted on 31st Day from Bank Intimation Fails to Meet Mandatory Requirement of 'Giving Notice' Within 30 Days....

The case involves a criminal revision application filed by the accused, Shivnath Suryoba Gaonkar, challenging his conviction under Section 138 of the Negotiable Instruments Act, 1881 (NI Act) for dish...

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Bombay High Court Awards Compensation for Illegal Arrest in Electricity Theft Case Despite Full Payment of Dues. Petitioner's Arrest Violated Article 21 as Police Failed to Verify Payment from Complainant Before Arrest Under Sections 135 and 150 of Indian Electricity Act, 1886....

The petitioner, Alex Isaac, filed a criminal writ petition seeking a direction for legal action against persons responsible for his illegal arrest and detention, and compensation of Rs. 50 crores for ...

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Bombay High Court Confirms Death Sentence for Son in Brutal Matricide Case — Gruesome Murder of 60-Year-Old Mother with Evisceration of Body Parts. Court Upholds Conviction Under Section 302 IPC and Death Penalty, Finding No Mitigating Circumstances and Rejecting Defenses of Insanity and Intoxication....

The Bombay High Court confirmed the death sentence of Sunil Rama Kuchkoravi for the brutal murder of his 60-year-old mother, Yallava, on 28 August 2017 at Makadwala Vasahat, Kolhapur. The convict, an ...

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Bombay High Court Partially Allows Insurance Appeal in Motor Accident Claim — Reduces Deduction for Personal Expenses from 1/3rd to 2/3rd for Earning Spouse. Court holds that where both spouses are earning and living together without children, the appropriate deduction for personal expenses is 2/3rd of the deceased's income, not 1/3rd....

The New India Assurance Co. Ltd. appealed against the Judgment and Award dated 23.12.2021 passed by the Motor Accident Claims Tribunal, Alibaug in MACP No. 138 of 2017, which awarded Rs.1,06,94,116/- ...

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High Court Upholds Appellate Court's Ruling in Rent Control Case Due to Insufficient Evidence of Tenant Status. Claim of Tenancy Rights Fails as Relationship with Original Tenant Not Established Under Section 5(11)(c) of the Bombay Rent Act, 1947....

The dispute arose from a challenge to a judgment and decree passed by the Appellate Bench of the Small Causes Court, which set aside a prior ruling declaring the Applicant as a tenant of the suit prem...

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Bombay High Court Quashes Suo Moto Revision by Sessions Judge in Arrest Permission Case — No Cause or Reason for Exercise of Revisional Powers. Sessions Judge's Suo Moto Revision of Magistrate's Order Permitting Night Arrest of Female Accused Quashed for Lack of Any Trigger or Reason, as Neither Party Was Aggrieved....

The Bombay High Court at Nagpur was faced with a criminal writ petition challenging the suo moto invocation of revisional jurisdiction by the learned Sessions Judge, Nagpur, to examine an order passed...

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Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Truck Driver Held Solely Negligent Despite Head-On Collision. Interest on Future Prospects Granted Following Supreme Court Precedent....

The appellant, IFFCO-TOKIO General Insurance Co. Ltd., challenged the judgment and order dated 11.12.2012 of the Motor Accident Claims Tribunal, Osmanabad, in MACP No.12 of 2009, which awarded compens...

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Bombay High Court Upholds Eviction Decree on Ground of Unauthorized Subletting in Small Causes Court Appeal. Tenant's claim of club membership occupancy fails as evidence shows exclusive possession by third parties without landlord's consent....

The petitioner, Louis Lobo, was the defendant in a rent suit filed by the original plaintiffs, Mohamed Yusuf Moosa and subsequently Parasmal Keshrimal Surana (since deceased, represented by legal heir...