Bombay High Court

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Bombay High Court Dismisses Appeal by Second Wife Claiming Succession Certificate for Compassionate Appointment. Void Marriage Under Section 11 of Hindu Marriage Act, 1955 Bars Claim as First Wife and Children Are Sole Legal Heirs....

The case involves an appeal filed by Ketan Netaji Sutar (appellant No.1) and Smt. Vimal Netaji Sutar (appellant No.2) against Smt. Surekha Netaji Sutar (respondent No.1) and her two sons, Kiran and Ku...

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Bombay High Court Dismisses Appeal Against UAPA Conviction for Murder of Corporator — Conspiracy and Terrorist Act Proven Beyond Reasonable Doubt. Appellant's conviction under Sections 18, 19, 20 of UAPA and Section 302 IPC upheld based on circumstantial evidence and conspiracy....

The appellant, Mohammed Irfan Rehmatali Shaikh, was convicted by the trial court for offences under Sections 18, 19, 20 of the Unlawful Activities (Prevention) Act, 1967 (UAPA) and Section 302 read wi...

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Bombay High Court Grants Summary Judgment in Favor of Plaintiff in Commercial Summary Suit for Recovery of Goods Sold and Delivered. Court holds that defendant's defense is sham and moonshine, lacking triable issues, and that the suit is maintainable under Order XXXVII CPC....

The plaintiff, Gini Tex Private Limited, a manufacturer and supplier of cotton and linen fabrics, filed a Commercial Summary Suit under Order XXXVII of the Code of Civil Procedure, 1908 (CPC) against ...

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Bombay High Court Grants Summary Judgment in Favor of Plaintiff in Commercial Summary Suit for Recovery of Goods Sold and Delivered. Court holds that defendant's unconditional leave to defend application is not maintainable as no triable issues raised....

The plaintiff, M/s. Gini Silk Mills Ltd, a manufacturer and supplier of cotton and linen fabrics, filed a Commercial Summary Suit under Order XXXVII of the Code of Civil Procedure, 1908, against the d...

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High Court of Bombay Allows Appeal in Civil Suit Remand Case — Remand Order Set Aside as Appellate Court Exceeded Jurisdiction Under Order 41 Rule 23A CPC. The appellate court cannot remand a suit for retrial when the trial court has already decided it on merits without any procedural irregularity....

The appeal arises from a judgment and order dated 22 March 2022 passed by the District Judge, Raigad, setting aside the judgment and decree dated 22 April 2017 of the Joint Civil Judge Junior Division...

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Bombay High Court Quashes University's Withdrawal of Affiliation for Non-Compliance with Natural Justice. Affiliation Withdrawal Without Show Cause Notice Violates Principles of Natural Justice Under Maharashtra Public Trust Act, 1950....

The petitioner, Nisargadeep Shikshan Prasarak Mandal, is an educational trust registered under the Maharashtra Public Trust Act, 1950, running Shri Tulja Bhavani Arts and Science College at Chitte Pim...

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Bombay High Court at Goa Dismisses Petition Challenging Caste Certificate of Zilla Panchayat Member — Rival Candidate Lacks Locus Standi. Challenge to OBC certificate verification fails as petitioner failed to establish substantial prejudice or violation of statutory provisions under the Goa Other Backward Classes Act, 1992....

The petitioner, Mr. Uday Chari, filed a writ petition before the Bombay High Court at Goa challenging the judgment and order dated 13.02.2023 of the Caste Scrutiny Committee (CSC) in Case No. 4/2021. ...

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Bombay High Court Allows Writ Petition Challenging Reopening of Assessment Under Section 148 of Income-tax Act, 1961 — Notice Barred by Limitation Under Section 149. Declaration Under Income Declaration Scheme, 2016 Deemed Never Made Due to Default in Instalments; Revised Return Filed; Reopening Notice Issued Beyond Time Limit Quashed....

The petitioner, an individual, filed a declaration under the Income Declaration Scheme, 2016 (IDS) declaring undisclosed income. The scheme required payment of tax, surcharge, and penalty in three ins...

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Bombay High Court Allows Appeal in Motor Accident Claim — Enhances Compensation for Truck Damage Based on Survey Report. Survey Report Estimating Repair Costs at Rs. 1,90,490.50/- Accepted as Uncontroverted Evidence Under Motor Vehicles Act, 1988....

The appellant, Bhaskar Shankar Jagtap, owned a truck bearing registration No. MH-19-Z-1392. On 02/10/2006, while the truck was proceeding towards Mumbai, an offending container bearing registration No...

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Bombay High Court Allows Appeal in Motor Accident Claim Case Due to Erroneous Income Assessment and Contributory Negligence Finding. Deceased was a 65-year-old business partner and commission agent; court held that income should be Rs.3,000 per month and driver was solely negligent, enhancing compensation from Rs.1,40,000 to Rs.2,30,000....

The appeal was filed under Section 173 of the Motor Vehicles Act, 1988, challenging the judgment and award dated 16th August 2004 passed by the Motor Accident Claims Tribunal, Mumbai, in Application N...