Bombay High Court

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Bombay High Court Allows Appeal in MVAT Case — Works Contract Valuation Must Exclude Land Value Under Rule 58. Land value deduction under Rule 58 of MVAT Rules is mandatory for works contracts involving transfer of immovable property, and the Tribunal erred in restricting deduction to 20%....

The Appellant, Oasis Realty, an association of persons registered under the Maharashtra Value Added Tax Act, 2002 (MVAT Act) and Central Sales Tax Act, 1956, is engaged in construction, development, a...

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Bombay High Court Dismisses Appeal Against Refusal to Set Aside Ex-Parte Decree in Partition Suit. Appellant Failed to Prove Sufficient Cause for Non-Appearance Under Order IX Rule 13 CPC....

The appeal arose from an order of the City Civil Court dismissing the appellant's Notice of Motion to set aside an ex-parte decree in a partition suit. The suit was filed by the original plaintiff (de...

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Bombay High Court Dismisses Petition Challenging Forest Notification and Collector's Order Under Maharashtra Private Forest Act. Land Declared as Forest in 1960 Notification Cannot Be Challenged After Decades; Collector's Suo Motu Order Under Section 22(5) Upheld....

The petitioners, claiming to be owners of land in Survey No.245/4B, Kavesar, Thane, challenged an order dated 27 March 2015 passed suo motu by the District Collector, Thane under Section 22(5) of the ...

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Bombay High Court Dismisses Petition Seeking Stay of Departmental Enquiry During Criminal Trial in EPF Fraud Case. Held that departmental proceedings and criminal trial can proceed simultaneously as charges are distinct and no prejudice is caused to the delinquent employee....

The petitioner, Shiva Shankar Mamidi, a Data Processing Assistant in the Employees Provident Fund Organization (EPFO), challenged an interim order of the Central Administrative Tribunal (CAT) dated 27...

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Bombay High Court Dismisses Petitioner's Claim for Shortfall Land Due to Delay and Laches. Claim for balance land under Maharashtra Project Affected Persons Rehabilitation Act, 1999 rejected as application made 37 years after acquisition award and 20 years after enactment without explanation....

The petitioner, legal heir of Tatoba Rama Chavan, filed a writ petition under Article 226 of the Constitution of India seeking a direction to the respondents to allot 0.60R agricultural land as shortf...

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Bombay High Court Allows Minor Rape Victim's Pregnancy Termination with DNA Preservation Directions. Court Permits Medical Termination of Pregnancy of 24-Week Gestation Under MTP Act, 1971, and Orders Preservation of Fetal Samples for Criminal Trial....

The petitioner, a minor girl aged 17 years 11 months and 21 days, filed a writ petition through her mother seeking directions for medical termination of her pregnancy, which was approximately 24 weeks...

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High Court of Bombay Enhances Compensation in Motor Accident Claim — Apportionment of Liability Between Joint Tortfeasors Based on Degree of Negligence. The court held that where two vehicles are involved in a collision, liability must be apportioned according to the degree of negligence, and the multiplier for a 50-year-old deceased is 13 with 15% future prospects....

The appellants, the widow and two sons of the deceased Shamrao Bhosale, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, seeking compensation for the death of Shamrao in a mot...

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Bombay High Court Allows Appeal in Motor Accident Claim Case — Enhances Compensation Under Section 163-A of Motor Vehicles Act, 1988. Deceased was a gratuitous passenger in tractor used for transportation of goods; insurer liable to pay compensation despite breach of policy conditions....

The appellant, Kanta @ Baby w/o Dilip Bawankar, filed a claim petition under Section 163-A of the Motor Vehicles Act, 1988, seeking compensation for the death of her husband, who died in a tractor acc...

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Bombay High Court Allows Appeal in Railway Accident Claim — Deemed Accidental Fall Not Suicide. Death of a passenger falling from a train and being run over is an 'untoward incident' under Section 123(c) of the Railways Act, 1989, and the railway is liable for compensation under Section 124-A....

The present appeal was filed by the appellants, Ramesh Laxmanrao Dighade and Mrs. Sindhu w/o Ramesh Dighade, being aggrieved by the judgment and award dated 10/05/2018 passed by the learned Railway Cl...

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Bombay High Court Quashes Investigation Order Against Police Officer in Corruption Case for Lack of Sanction. The court held that a public servant cannot be investigated under the Prevention of Corruption Act without prior sanction under Section 197 CrPC and Section 19 PC Act....

The case involves a criminal revision application filed by Vikas Wagh, a police officer, challenging an order dated 24 January 2014 passed by the learned Special Judge, Nagpur. The Special Judge, acti...