Bombay High Court

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Bombay High Court Dismisses Petition Challenging Gram Panchayat Election Results Due to Late Filing of Affidavit — Affidavit Filed One Day After Statement of Election Expenses Held Not Fatal Under Maharashtra Village Panchayats (Election Expenses) Order, 2015....

The petitioners, who were unsuccessful candidates in the Gram Panchayat election of Manjarsumba, challenged the election of respondent nos.1 to 6 on the ground that they failed to submit the affidavit...

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Bombay High Court Upholds Disqualification of Sarpanch for Leasing Government Land to Society Where He Was President and Trustee. Section 14(1)(g) of Maharashtra Village Panchayats Act, 1959 — Indirect Interest in Contract Leads to Disqualification....

The petitioner, a resident and voter of Village Waghunde (Khurd), filed an application under Section 14(g) of the Maharashtra Village Panchayats Act, 1959, seeking disqualification of respondent No.2,...

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Bombay High Court at Goa Dismisses Petition Challenging First Appellate Court's Order in Inventory Proceedings — Auction Date Not Fixed Due to Pending Civil Suit. The court upheld the appellate order that the Inventory Court should not proceed with auction until the civil suit between the parties is disposed of....

The case arises from Inventory Proceedings No.102 of 1999 initiated upon the death of Krishna Mandrekar before the Panaji Court. Only one immovable property was listed as an asset. The Head of the fam...

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High Court of Bombay at Goa Considers Appeal From Motor Accident Claims Tribunal Dismissal on Negligence; Highlights Tribunal's Failure to Decide Quantum. Claimant with 95.3% Permanent Disability Challenged Negligence Finding and Delay; Court Held Delay Not Fatal and Reiterated Duty to Decide All Issues Under Motor Vehicles Act, 1988....

The appeal arose from a motor accident compensation claim filed before the Motor Accident Claims Tribunal, North Goa, Panaji, sitting at Ponda. The claimant, a young assistant cook aged about 25 at th...

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Bombay High Court Quashes Enhancement of Interim Maintenance in Domestic Violence Case — Appellate Court Failed to Provide Reasons for Enhancement. The court held that enhancement of interim maintenance without specific reasons was unjustified and restored the Trial Court's order....

The petitioner, Rajkumar Laldhar Sharma, challenged an order of the Appellate Authority under the Protection of Women from Domestic Violence Act, 2005, which enhanced the interim maintenance granted t...

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Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Disturbed. Agreement for Sale Contained Contradictory Clauses Regarding Time for Performance, and Plaintiff Failed to Prove Readiness and Willingness....

The appellant (plaintiff) filed a Second Appeal against the concurrent dismissal of his suit for specific performance of an agreement for sale of a plot. The appellant and respondent (defendant) enter...

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Bombay High Court Allows Restoration of Service Matter Dismissed for Default Due to Advocate's Negligence — Delay Condoned in Interest of Justice. Petitioner's Original Application under Article 227 of Constitution of India was dismissed for non-prosecution; Court held that litigant should not suffer for advocate's fault and restored the matter on merits....

The petitioner, Ashish Namdeo Sonkamble, applied for the post of Assistant Police Sub-Inspector (Radio Mechanic) and Police Constable (Wireless Operator) pursuant to an advertisement dated 16 December...

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Bombay High Court Allows Writ Petition Challenging Excise Authority's Refusal to Renew Liquor License in Partnership Dispute. Partnership Dissolution Upon Death of Partner Under Section 42(c) of Indian Partnership Act, 1932 Bars Substitution Without Consent of Surviving Partner....

The case involves a dispute over a partnership liquor license originally obtained jointly by Namdeo Chonde (father of the petitioner) and Nivrutti Shinde (grandfather of respondent No.5) on 21.07.1984...

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High Court of Bombay at Goa Dismisses Petitioner's Challenge to Land Acquisition Award Due to Unexplained Delay of 14 Years and Availability of Alternative Remedy. Petitioner Claiming Tenancy Rights Failed to Seek Reference Under Section 18 of Land Acquisition Act, 1894....

The petitioner, Fomento Resorts and Hotels Ltd, filed a writ petition under Article 226 of the Constitution of India challenging the land acquisition award dated 28.5.2009 passed by the Deputy Collect...