Bombay High Court

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Bombay High Court Allows Accused to File Written Statement in NI Act Case — Right Under Section 313(5) CrPC Cannot Be Denied on Grounds of Delay. The Court held that the accused's desire to file a written statement recorded during Section 313 examination must be honoured, and rejection on grounds of delay and absence of cross-examination is perverse....

The petitioner, Ms. Patricia Reiter, is an accused in a complaint filed by the respondent under Section 138 of the Negotiable Instruments Act, 1881. After the examination of the complainant, the matte...

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High Court of Bombay Allows Driver's Petition for Backwages in Disproportionate Penalty Case. Labour Court's denial of backwages set aside due to lack of reasons and failure to consider that employee was willing to work....

The Petitioner, a driver employed with the Respondent-Transport Corporation since 1985, was dismissed from service on 8 June 2011 following disciplinary proceedings for unauthorized absence. The Petit...

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Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Tractor Trolley Accident in Field Considered Public Place, Labourer Treated as Third Party. The court held that the claimant was a third party and the accident occurred in a public place, and the Insurance Company failed to prove negligence or lack of valid driving licence....

The appeal was filed by Reliance General Insurance Company Ltd. against the judgment and order of the Motor Accident Claims Tribunal, Satara, which awarded compensation to the claimant Baban Dattatray...

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Bombay High Court Allows Appeal Against Order Returning Plaint Without Reasons in Commercial Suit for Specific Performance. District Court's Order Under Order 7 Rule 10 CPC Set Aside for Lack of Reasoning and Non-Compliance with Commercial Court Act....

The appellant, Shreem Electric Limited, filed a Commercial Suit No. 4 of 2017 before the District Court, Kolhapur, seeking specific performance of purchase orders against the respondent, Transformers ...

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Bombay High Court Dismisses Sarpanch's Petition Challenging No-Confidence Motion Under Maharashtra Village Panchayats Act. Notice of No-Confidence Cannot Be Withdrawn Once Given; Bar of Two Years Applies to Moving of Motion, Not Notice....

The petitioner, Vijay Ramdas Kokate, was the Sarpanch of a Gram Panchayat. On 8th February 2022, a notice of no-confidence was given to the Tahsildar under Section 35(1) of the Maharashtra Village Pan...

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Bombay High Court Dismisses PIL Challenging Demolition of Temple Structure at Vaidya Wadi. Court holds that the structure was not a protected monument and the petitioners lacked locus standi....

The judgment pertains to a writ petition filed by four individuals claiming to be residents and devotees of a temple located at Vaidya Wadi, Mumbai. The petitioners challenged the demolition of the te...

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Bombay High Court Dismisses PIL Challenging Demolition of Temple and Construction of Commercial Complex. Petitioners Failed to Establish Temple as Protected Monument Under Ancient Monuments and Archaeological Sites and Remains Act, 1958....

The petitioners, residents of Vaidya Wadi, Mumbai, filed a Public Interest Litigation challenging the demolition of a temple dedicated to Lord Hanuman and the construction of a commercial complex by r...

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Bombay High Court Directs Payment of Compensation for Land Acquired Under National Highways Act, 1956 Despite Classification as Gaothan Land. The court held that the competent authority must determine title and pay compensation to the person in whose name the land is recorded, and the classification as gaothan land does not automatically deny compensation....

The petitioner, Smt. Rekhatai W/o. Govindrao Tayade, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking directions to the respondents to pay compensation under the N...

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Bombay High Court Dismisses Writ Petition Challenging Jurisdiction of Sub-Divisional Officer in Tenancy Appeal. Government Circular Empowering Prant Officer to Exercise Collector's Powers Under Section 74 of Maharashtra Tenancy and Agriculture Lands Act, 1948 Upheld....

The petitioners, Rajendra Shivkumar Pawar and others, filed a Writ Petition before the Bombay High Court challenging an order dated 12th August 2022 passed by the Sub-Divisional Officer, Kalyan Divisi...