Bombay High Court

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Bombay High Court Acquits Appellant in Kidnapping and Robbery Case Due to Unreliable Identification and Lack of Corroboration. Identification of accused by victim in court without prior test identification parade held insufficient to sustain conviction under Sections 367 and 393 read with 34 of IPC....

The appellant, Mohammed Iqbal Mangu Ismail Ansari, was convicted by the 1st Additional Principal Judge and Additional Sessions Judge, Greater Mumbai, in Sessions Case No.304 of 1995 for offences punis...

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Bombay High Court Allows Appointment of Arbitrator in MOU Dispute Between Developer and Public Trust. Arbitration Clause in MOU dated 16 June 2011 Held Valid and Binding Despite Non-Formation of Special Purpose Entity....

The petitioner, M/s. Devike Constructions and Developers Pvt. Ltd., filed a petition under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of an arbitrator to adjudicate ...

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Bombay High Court Dismisses Writ Petition of Daily Wager Challenging Industrial Court's Order on Res Judicata Grounds. Petitioner's claim for permanency and equal pay barred by earlier complaint dismissed for default, but High Court upholds dismissal on ground of abuse of process....

The petitioner, Rajendra Tribhuvandas Navare, a retired daily wager employed with Solapur Municipal Corporation, filed a writ petition challenging the order of the Industrial Court, Solapur, which dis...

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Bombay High Court Dismisses Municipal Corporation of Delhi's Petition Seeking Mandamus Against State of Maharashtra to Execute Distress Warrants. Delhi Municipal Corporation Act, 1957 Has No Extra-Territorial Application, Hence No Duty on Maharashtra Authorities....

The Petitioner, Municipal Corporation of Delhi (MCD), a statutory body under the Delhi Municipal Corporation Act, 1957, filed a writ petition in the Bombay High Court seeking a writ of mandamus direct...

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Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence of Deceased. Deceased pedestrian held 50% contributorily negligent for crossing highway without care, reducing insurer's liability under Motor Vehicles Act, 1988....

The case arises from a motor accident claim filed by the parents of a deceased pedestrian. The deceased was crossing a highway when he was hit by a vehicle insured by the appellant insurance company. ...

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Bombay High Court Allows Leave Encashment to Retired Judge Appointed as President of State Consumer Commission. Petitioner entitled to leave encashment under Maharashtra Civil Services (Leave) Rules, 1981 for entire tenure, not limited to COVID-19 period....

The petitioner, Justice Ashok Pitambar Bhangale, a retired Judge of the Bombay High Court, was appointed as the President of the Maharashtra State Consumer Disputes Redressal Commission, Mumbai, vide ...

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Bombay High Court Allows Appeal in Railway Accident Case — Death of Passenger from Fall from Train Held Untoward Incident. Bona Fide Passenger Status Established Despite Lost Ticket, Entitled to Compensation Under Railways Act, 1989....

The appellants, parents of deceased Swapnil Patil, filed a claim before the Railway Claims Tribunal alleging that their son died after falling from a running train (Down Punjab Mail Train No.12137) on...

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Bombay High Court Quashes FIR in Abetment of Suicide Case Due to Absence of Instigation or Proximate Link. Allegations of harassment for loan repayment do not constitute abetment under Section 306 IPC as there was no direct instigation or active role in driving the deceased to suicide....

The judgment pertains to a criminal writ petition and two criminal applications filed before the Bombay High Court, Nagpur Bench, seeking quashing of FIR No.540 of 2022 registered at City Kotwali Poli...

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Bombay High Court Dismisses Petitions Challenging SARFAESI Act Applicability to Cooperative Banks and Arbitration Awards. Multi-State Cooperative Bank held to be a 'bank' under SARFAESI Act, and arbitration under Multi-State Cooperative Societies Act does not bar subsequent SARFAESI proceedings....

The judgment concerns three writ petitions filed by borrowers challenging actions taken by Abhyudaya Co-operative Bank Ltd. and Piramal Capital and Housing Finance Ltd. under the Securitisation and Re...

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Bombay High Court Upholds Labour Court's Finding that Food Service Supervisor is a Workman under Industrial Disputes Act. The court held that the employee, despite being designated as supervisor, lacked power to appoint or dismiss subordinates and thus fell within the definition of workman under Section 2(s) of the Industrial Disputes Act, 1947....

The petitioner, Dr. Balabhai Nanavati Hospital, a public charitable trust, employed respondent No.1 as a Food Service Supervisor on a temporary basis from 15th October 1990, and confirmed him on 4th F...