Bombay High Court

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Bombay High Court Allows Land Acquisition Compensation Petitions for Katkari Tribe Members Under RFCTLARR Act, 2013 — Held That Landowners Are Entitled to Higher Compensation Under Section 26(1)(b) and Solatium Under Section 30(1) of the Act, and That the Acquisition Proceedings Were Not Vitiated by Non-Compliance with Section 4(1) of the Land Acquisition Act, 1894....

The judgment concerns multiple writ petitions filed by members of the Katkari Scheduled Tribe and other landowners challenging the compensation awarded for acquisition of their lands in Raigad distric...

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Bombay High Court Quashes Committee Order Rejecting Caste Claim Due to Denial of Opportunity of Hearing. Petitioner's Caste Claim as 'Mannervarlu' Scheduled Tribe Remanded for Fresh Consideration Based on Uncle's Validity Certificate....

The petitioner, Arvind S/o Baliram Deshatwad, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court, Aurangabad Bench, challenging an order dated 13.05.2022...

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Bombay High Court Allows Appeal in Railway Accident Claim — Deemed Bona Fide Passenger Despite Ticket Irregularity. Death of passenger due to fall from train held to be an 'untoward incident' under Section 124A of the Railways Act, 1989, and claimants entitled to compensation....

The case involves an appeal filed by the legal representatives of the deceased, Syed Zafroddin, against the dismissal of their claim for compensation by the Railway Claims Tribunal, Nagpur. The deceas...

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High Court of Bombay at Goa Adjudicates Writ Petitions Challenging Goa Rural Improvement and Welfare Cess Act, 2000; Petitioners Allege Violation of Articles 14, 301, 303, 304 and GST Subsumption. Cess on Transportation of Iron Ore and Coal into Goa is Examined for Constitutionality and Competence After GST....

The Goa Rural Improvement and Welfare Cess Act, 2000 was enacted to augment revenue for improvement of infrastructure and health, to promote welfare of people residing in rural areas affected by use o...

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Bombay High Court Directs Appellate Authority to Decide Stay Applications in Licence Suspension Cases Under Drugs and Cosmetics Act, 1940. The court held that the appellate authority must promptly decide interim relief to prevent the appeal from becoming infructuous....

The petitioners, who run medical stores and hold licences under the Drugs and Cosmetics Act, 1940 and the Drugs and Cosmetics Rules, 1945, had their licences suspended by the Assistant Commissioner (Z...

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Bombay High Court Allows Second Appeal in Specific Performance Suit, Reverses Appellate Decree on Limitation and Necessary Parties. Limitation under Article 54 of Limitation Act, 1963 begins from date of refusal to perform contract, not from occurrence of contingency....

The case involves a Second Appeal filed by the original plaintiff, Vijay Madhavrao Budhale, challenging the judgment and decree of the District Judge-4, Kolhapur dated 24 November 2022, which allowed ...

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Bombay High Court Allows Appeal in Motor Accident Claim — Insurance Company Cannot Be Exonerated Based on Unproven Allegation of Hire and Reward. The Tribunal erred in relying on a police statement not tested in evidence to conclude breach of policy terms....

The appeal arises from a judgment of the Motor Accident Claims Tribunal, Pune, which exonerated the Insurance Company from liability to pay compensation to the claimants, the legal heirs of the deceas...

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Bombay High Court Quashes Process Issued by Magistrate in Private Complaint for Lack of Application of Mind. Magistrate failed to consider police report indicating civil dispute and mechanically issued process under Sections 323, 504, 506(ii), 427 read with 34 IPC....

The applicants, Raosaheb Murlidhar Ahire and another, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) before the Bombay High Court challenging an order da...

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Bombay High Court Allows Amendment of Plaint to Correct Clerical Error in Loan Agreement Exhibit. Court permits substitution of wrong document with correct agreement reflecting 12.5% interest instead of 1% as agreed between parties....

The plaintiff, Kyoorius Communications Private Limited, filed a Commercial Summary Suit against Datalink Multi Trading Private Limited and others for recovery of a loan amount. The plaint was on lodgi...