Bombay High Court

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Bombay High Court Partly Allows Insurance Company's Appeal in Motor Accident Claim Due to Incorrect Income Assessment and No Contributory Negligence. Compensation Reduced from Rs.56,48,374 to Rs.10,42,000 as Tribunal Erred in Taking Notional Income of Rs.15,000 Instead of Proved Salary of Rs.4,500 Under Motor Vehicles Act, 1988....

The case arises from a motor accident claim filed by the dependents of Tanaji Bhoir, who died in a road accident on 4 February 2009. The deceased was riding a motorcycle with a pillion rider when an o...

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Bombay High Court Allows Petitioners in MRTP Act Purchase Notice Case — Deemed De-reservation Upheld Despite Subsequent Revised Development Plan. Purchase Notice Issued After Draft Revised Plan Valid; Failure to Acquire Within One Year Leads to Deemed De-reservation Under Section 127 of MRTP Act....

The petitioners, owners of land in Pune, issued a purchase notice under Section 127(1) of the Maharashtra Regional and Town Planning Act, 1966 (MRTP Act) on 16th September 2013, after the publication ...

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Bombay High Court Dismisses Appeal Against Injunction in Specific Performance Suit — Balance of Convenience Favors Plaintiff. Trial Court's Order Restraining Defendant from Creating Third Party Interest Upheld as Plaintiff Established Prima Facie Case and Irreparable Loss....

The appellant, Smt. Manisha Kode, challenged an order dated 24.01.2023 passed by the Civil Judge Senior Division, Aurangabad in Special Civil Suit No.1186 of 2022, whereby an injunction was granted re...

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Bombay High Court Partly Allows Writ Petition Challenging Invalidation of Caste Claim, Directs Issuance of Tribe Validity Certificate Subject to Re-verification. The Court applied the principle of parity, relying on a prior order in sister's case, and quashed the Scrutiny Committee's order....

The petitioner, Sneha Rudre, challenged the order dated 31.07.2023 passed by the Scheduled Tribe Caste Certificate Verification Committee, Aurangabad, which invalidated her caste claim as belonging to...

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Bombay High Court Allows Teachers' Petitions Challenging Refusal of Approval and Salary — Education Officer Cannot Refuse Approval on Ground That Vacancy Arose Prior to Government Resolution Dated 29-10-2005. Teachers Entitled to Salary from Date of Initial Appointment....

The judgment concerns a batch of writ petitions filed by teachers who were appointed by various educational institutions in Maharashtra. The Education Officer (Secondary) of the respective Zilla Paris...

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Bombay High Court Considers Whether Hiring of Tankers to Oil Company Amounts to Sale Under Maharashtra Value Added Tax Act, 2002. Court Examines Applicability of Exception III to Section 2(8) Dealer Definition for Transporters Holding Permits Under Motor Vehicles Act, 1988....

The judgment arises from appeals filed under Section 27 of the Maharashtra Value Added Tax Act, 2002 against orders of the Maharashtra Sales Tax Tribunal confirming tax demands on receipts from provid...

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Bombay High Court Quashes Detention Order Under MPDA Act for Lack of Proximity Between Offences and Public Order. Detenu's Criminal Activities Found to Affect Law and Order Only, Not Public Order, Rendering Preventive Detention Invalid....

The petitioner, Pranali Yogesh Karkhandis, challenged a detention order dated 23rd January 2023 passed by the Commissioner of Police, Thane City, under Section 3(2) of the Maharashtra Prevention of Da...