Bombay High Court

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High Court of Bombay Partially Allows Appeal by Pune Municipal Corporation in Motor Accident Claim, Reduces Compensation Due to Contributory Negligence of Deceased. The Court held that the deceased was 50% contributory negligent for the accident, modifying the Tribunal's 25% deduction....

The Pune Municipal Corporation appealed against the judgment and award of the Motor Accidents Claim Tribunal, Pune, in Claim Petition No.581 of 2014, which awarded compensation to the claimants (husba...

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Bombay High Court Dismisses Petition for Recasting of Issues in Tenancy Suit — No Error in Trial Court's Discretion. The Court held that the trial court's refusal to recast issues under Order XIV Rule 5 CPC was not perverse or arbitrary, as the proposed issues were already covered by existing issues....

The petitioner, Mr. Jitendra B. Mehta, filed a suit (R.A.D. Suit No.804 of 2010) before the Small Causes Court at Bombay seeking a declaration of tenancy in respect of Flat No.14, First floor, Mayur P...

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Bombay High Court Acquits Husband in Murder Case Due to Lack of Direct Evidence and Unreliable Circumstantial Evidence. Conviction under Section 302 IPC set aside as prosecution failed to prove chain of circumstances leading to murder of wife....

The appellant, Mukesh Vishwanath Chaudhari, was convicted under Section 302 IPC for the murder of his wife Madhuri, who died within two months of marriage. The prosecution case was based on circumstan...

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Bombay High Court Grants Bail to Accused in POCSO and Atrocities Act Case Due to Long Incarceration and Filing of Charge-Sheet. The court held that continued detention of the appellant for about 2 years and 9 months without trial was not justified, and granted bail under Section 439 CrPC read with Section 14-A of the SC/ST (Prevention of Atrocities) Act, 1989....

The appellant, Kishor Shivdas Shinde, was the original accused in Sessions Case No.52 of 2020 pending before the Special Judge under the Atrocities Act/Additional Sessions Judge, Shahada, District-Nan...

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Bombay High Court Allows Discharge of Accused in Corruption Case for Lack of Sanction Under Section 19 of Prevention of Corruption Act, 1988. The court held that sanction under Section 19 is mandatory and its absence vitiates the prosecution, entitling the accused to discharge....

The case pertains to a criminal revision application filed by two applicants, Kisan Baliram Rathod and Vibhuti Radharaman Devnath, challenging an order dated 21.09.2016 passed by the learned Special J...

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Bombay High Court Allows Appeal in Railway Accident Claim — Deemed Bona Fide Passenger Despite Missing Ticket. Non-production of ticket does not defeat claim under Section 124A of Railways Act, 1989 if other evidence establishes passenger status....

The present appeal was filed by the appellants, being the widow, son, and mother of the deceased Dilip Gaikwad, aggrieved by the judgment and order dated 22/12/2020 passed by the Railway Claims Tribun...

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Bombay High Court at Goa Dismisses Writ Petition Challenging Removal from Service for Demanding Illegal Gratification. Disciplinary proceedings and appellate order upheld as the petitioner failed to participate in inquiry and the punishment was proportionate to the gravity of misconduct under KVIC E (CCA) Regulations, 2003....

The petitioner, Shri S. K. Kajal, was employed as an Assistant Director in the Khadi & Village Industries Commission, Goa for 30 years. On 09.01.2009, a charge-sheet was issued to him alleging miscond...

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Bombay High Court Dismisses Writ Petition Challenging SARFAESI Proceedings Against Guarantor's Property — Maintains That Guarantor Is a 'Borrower' Under Section 2(1)(f) of SARFAESI Act and That Writ Jurisdiction Is Not Available When Alternative Statutory Remedy Exists Under Section 17 of SARFAESI Act....

The petitioner, Mr. Latif Yusuf Manikkoth, filed a writ petition before the Bombay High Court challenging the possession notice issued by the Bank of Baroda (originally Dena Bank) under the Securitisa...

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Bombay High Court Allows Petition of Telecom Tower Company Against Grampanchayat Resolution Stopping Tower Construction. Grampanchayat Lacks Power to Revoke NOC Under Government Resolution Dated 11th December 2015 After Issuance of No Objection Certificate....

The petitioner, Indus Towers Ltd. (formerly Bharti Infratel Ltd.), filed a writ petition before the Bombay High Court challenging Resolution No.7 passed by the respondent Grampanchayat, Chikhalhol, wh...