Bombay High Court

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Bombay High Court Allows Appeal in Railway Compensation Case — Deemed Untoward Incident Under Section 16 of Railway Claims Tribunal Act, 1987. Death of a bona fide passenger falling from a train is an untoward incident, and the Railway Claims Tribunal erred in dismissing the claim based on lack of ticket recovery....

The case involves an appeal filed by the legal heirs of Shrikrushna Dode, who died after falling from a moving train. The appellants claimed that on 13.04.2016, the deceased purchased a valid ticket a...

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High Court of Bombay at Goa Quashes Disqualification of Director in Co-operative Society for Violation of Natural Justice. Assistant Registrar's order set aside as petitioner was not given opportunity of hearing before disqualification under Section 27 of the Goa Co-operative Societies Act, 2001....

The petitioner, Mrs. Noella Fernandes, was a Director and Secretary of the Infinity Enclave Co-operative Housing Maintenance Society Ltd. (respondent No.2). The Assistant Registrar of Co-operative Soc...

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Bombay High Court Dismisses Writ Petitions Challenging Denial of Higher Pay Scale to Chargemen in Ordnance Factories. Classification of Chargemen as 'Workman' under Industrial Disputes Act, 1947 does not entitle them to pay scale of supervisors under the Time Scale Scheme....

The petitioners, employees of Ordnance Factories under the Ministry of Defence, filed writ petitions challenging the denial of higher pay scale under the Time Scale Scheme for supervisors. They were a...

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Bombay High Court Quashes Deemed Conveyance Order in MOFA Dispute — Petitioner's Rights as Agreement Holder Ignored. Unilateral Conveyance Granted Without Notice to Petitioner Violates Principles of Natural Justice Under Section 11 of Maharashtra Ownership Flats Act, 1963....

The Petitioner, Gayatri Construction, a partnership firm, challenged an order dated 15 November 2022 and corrigendum dated 20 December 2022 passed by the District Deputy Registrar, Co-operative Societ...

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Bombay High Court Upholds Amendment of Plaint in Property Dispute — No New Cause of Action Introduced. Amendment seeking to add details of alternate accommodation agreement and electricity disconnection allowed as it clarifies existing claim without changing the nature of the suit....

The petitioner, Ravi Ashish Builders Ltd, challenged an order dated 10th September 2018 passed by the learned trial judge allowing Chamber Summons No. 499 of 2015 filed by the respondent-plaintiff Sha...

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High Court of Bombay Partially Allows Insurance Appeal in Motor Accident Claim — Income Assessment Upheld but Provident Fund Not Deductible; Consortium Award Extended to Minor Children. The court held that oral evidence can establish income, provident fund is not deductible, and minor children are entitled to consortium....

The appeal was filed by the Branch Manager of Reliance General Insurance Company Ltd. against the judgment and order of the Motor Accident Claims Tribunal, Kolhapur, which awarded compensation to the ...

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Bombay High Court Allows Revision, Sets Aside Conviction in Fatal Jeep Accident Case Due to Unproven Medical Evidence and Unreliable Witnesses. The court held that reversal of acquittal was unjustified when post-mortem report was not proved and only one eyewitness supported the prosecution....

The applicant, Anita Sopan Ravalekar, was initially acquitted by the Judicial Magistrate First Class, Bhor, for offences under Sections 279, 304A, 337, 427 of the Indian Penal Code and Section 184 of ...

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Bombay High Court Allows Transfer of DV Act Proceedings from Junnar to Thane for Wife's Convenience and Safety. Transfer Granted Under Section 407 CrPC as Wife Faced Threats and Inconvenience in Traveling to Junnar....

The applicant, Sonika Vishnudas Kadam, filed a Criminal Application under Section 407(1)(c) of the Code of Criminal Procedure, 1973, seeking transfer of Criminal M.A. No. 17 of 2017 pending before the...

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Bombay High Court Quashes Prosecution for Tax Evasion Under Section 276C(2) of Income Tax Act Where Tax Paid Before Sanction and No Wilful Default Established. Non-payment of tax due to death of managing partner and ignorance of partners does not constitute wilful attempt to evade tax under Section 276C(2) read with Section 278B of Income Tax Act, 1961....

The applicants, Unique Trading Company (a partnership firm) and its partners Munnidevi P. Purohit, Rakesh P. Purohit, and Mukesh P. Purohit, filed an application under Section 482 of the Code of Crimi...

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Bombay High Court Allows Writ Petition Quashing Reassessment Notice Under Section 148-A of Income Tax Act for Denial of Personal Hearing. Assessee's Show Cause Notice and Order Set Aside as Principles of Natural Justice Violated....

The petitioner, Popatlal Umedmalji Jain, an assessee under the Income Tax Act, 1961, regularly filed income tax returns. His wife ran a proprietary concern named 'Mansukh Sarees', and the petitioner w...