Bombay High Court

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High Court of Bombay Dismisses Insurance Company's Appeal Against Interim Compensation Under Section 140 MV Act. No Fault Liability Principle Upheld as Claimant Made Out Prima Facie Case Based on FIR, Insurance Policy, and Disability Certificate....

The case involves an appeal filed by The Reliance General Insurance Co. Ltd. against an order dated 26 September 2019 passed by the Motor Accident Claims Tribunal, Mumbai, in an application under Sect...

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Bombay High Court Upholds Specific Performance Decree in Flat Sale Dispute — Agreement to Sell Enforceable Despite Alleged Breach of Conditions. Court holds that time was not of essence in the agreement and that the purchaser was ready and willing to perform, directing execution of sale deed within two months....

The case involves an appeal against a judgment and decree dated 07/08/2013 passed by the learned Judge, City Civil Court, Greater Bombay, in Regular Civil Suit No.5732 of 2006. The suit was filed by t...

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Bombay High Court Quashes Reopening Notice Under Section 148 of Income Tax Act for Lack of Fresh Material — Exemption Claim Under Section 54 Not Erroneous as Purchase Was Within One Year Before Transfer...

The petitioner, Shriprakash Ramshringar Pandey, was the Managing Director of a company and filed his income tax return for Assessment Year 2012-13 on 27 July 2012, disclosing total income of Rs.81,23,...

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Bombay High Court Acquits Appellants in Murder Case Due to Unreliable Evidence and Procedural Lapses. Conviction under Sections 302, 326 read with Section 34 IPC set aside as prosecution failed to establish guilt beyond reasonable doubt....

The case pertains to the murder of Yeshwant Mohite on 22nd December 2011. The appellants, Rahul Shinde and Ashok Shinde, were convicted under Sections 302, 326 read with Section 34 IPC by the Addition...

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Bombay High Court Dismisses Husband's Revision, Upholds Enhanced Maintenance Under DV Act for Wife and Minor Son. Maintenance of Rs. 16,000/- per month for wife and Rs. 2,500/- per month for minor son upheld as just and proper considering husband's income and needs....

The case involves a criminal revision application filed by the husband (applicant) challenging the judgment and order dated 17.11.2021 passed by the learned Sessions Judge, Akola. The Sessions Judge d...

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Bombay High Court Upholds Conviction of Accused in Impersonation and Cheating Case — Accused Posing as Police Officer Defrauded Informant of Rs. 1,50,000 for False Promise of Police Constable Job....

The case pertains to a criminal revision application filed by Vilas Narayan Ganvir challenging his conviction and sentence under Sections 171, 419 and 420 of the Indian Penal Code, 1860. The applicant...

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Bombay High Court Allows Bank's Petition Challenging Joint Application Requirement for Refund of Court Fees in DRT — Rule 5 of Refund Rules Struck Down as Ultra Vires. The requirement of a joint application by the applicant and defendant for refund of court fees was held arbitrary and beyond the rule-making power under the Recovery of Debts and Bankruptcy Act, 1993....

The petitioner, Yes Bank Limited, a bank governed by the Banking Regulation Act, 1949, had advanced a loan to a borrower who defaulted. The bank filed Original Application No. 410 of 2018 before the D...

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Bombay High Court Dismisses Petitioner's Challenge to Eviction Orders in SRA Rehabilitation Scheme — Petitioner Failed to Prove Eligibility as Original Tenant or Purchaser of Alternate Room. Concurrent Findings of Fact by Deputy Collector and Apex Grievance Redressal Committee Upheld as Not Perverse....

The Petitioner, Prakash Bandu Jadyal, filed two writ petitions challenging orders dated 15.03.2021 passed by Respondent No.2 (Deputy Collector, Mumbai City, SRA) and order dated 03.09.2021 passed by R...

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Bombay High Court Allows Summary Suit for Cheque Dishonour, Grants Conditional Leave to Defend. Court holds that in a summary suit under Order XXXVII CPC, the defendant must show a triable issue or substantial defence to obtain unconditional leave to defend....

The Plaintiff, Tiscon Realty Private Limited, filed a Commercial Summary Suit (No. 34 of 2021) against the Defendants, C. G. Edifice (a partnership firm), Ajay Jagannath Thakur, and Shyam Kumar Shah, ...