Bombay High Court

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Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Negligence Established Despite Tyre Burst. Income of Deceased Correctly Assessed Based on Salary Slip, No Deduction for Bhattas Allowed....

The case involves an appeal filed by The New India Assurance Co. Ltd. against the award of the Motor Accident Claims Tribunal in favor of the claimants, who are the legal representatives of the deceas...

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Bombay High Court Dismisses Appeal in Specific Performance Suit Against LIC — Tenant Association Fails to Prove Readiness and Willingness. Agreement to Sell Not Concluded as Essential Terms Remained Unsettled and No Binding Contract Was Formed Under Section 10 of Specific Relief Act, 1963....

The appeal arose from a decree of the City Civil Court, Greater Mumbai dismissing S.C. Suit No. 8228 of 1984, which was a suit for specific performance of an alleged agreement to sell the suit propert...

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Bombay High Court Allows State Appeal Against Acquittal in Corruption Case, Sets Aside Trial Court's Judgment for Perversity and Non-Application of Mind by Sanctioning Authority. The court convicted the respondent under Sections 7 and 13(1)(d) read with 13(2) of the Prevention of Corruption Act, 1988, for demanding and accepting a bribe....

The State of Maharashtra appealed against the acquittal of Raghunath Dnyandev Katkar, a police officer, for offences under Sections 7, 13(1)(d) read with 13(2) of the Prevention of Corruption Act, 198...

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Bombay High Court Allows Appeal in Contractual Dispute Over Force Majeure Extension of Conducting Agreement. Force Majeure Clause Invoked Due to COVID-19 Pandemic Extends Term of Agreement by Equivalent Period....

The appeal arose from an order dated 27 September 2022 passed by the City Civil Court at Mumbai dismissing the appellant's Notice of Motion in Suit No. 1644 of 2022. The appellant, Deluxe Caterers Pvt...

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Bombay High Court Hears Challenge to MRT Remand in Tenancy Exemption Dispute. Exemption Certificate Under Section 43A Bombay Tenancy and Agricultural Lands Act, 1948 Held Invalid as Issuing Authority Lacked Jurisdiction....

The dispute concerned agricultural lands in Sangli district between landowners and a co-operative society, respondent no.1, which claimed deemed tenancy and purchase rights under the Bombay Tenancy an...

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Bombay High Court Allows Bail to Accused in Gang Rape Case Due to Informant Not Being a Scheduled Caste Member. The court held that the bar under Section 18A of the SC/ST Act does not apply when the informant is not a member of a scheduled caste, and the appellant is entitled to bail under Section 439 CrPC....

The appellant, Asif @ Ashu Liyakat Pathan, original accused No.4, filed a criminal appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Atroci...

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Bombay High Court Acquits Appellant in Murder Case Due to Lack of Evidence and Unreliable Witnesses. Conviction under Sections 302 and 120-B IPC and Arms Act set aside as prosecution failed to prove conspiracy and identity of assailants beyond reasonable doubt....

The case pertains to the murder of V.G. Patil, a college lecturer and political activist, on 21 September 2005. The prosecution alleged that the deceased was intercepted by two motorcycle-borne assail...

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Bombay High Court Allows Writ Petition Challenging Mutation Entry in Revenue Records — Dispute Over Title to Property Cannot Be Decided in Summary Proceedings Under Land Revenue Code. Mutation Entry Does Not Confer Title and Civil Judge Exceeded Jurisdiction Under Section 96A of Goa Land Revenue Code, 1968 by Deciding Title Based on Will....

The petitioners, legal representatives of the original petitioner Mrs. Janaki Vithoba Gaonkar, filed a writ petition challenging an order dated 30th September 2019 passed by the Civil Judge (Junior Di...

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Bombay High Court Allows Writ Petition Challenging Trial Court Order Allowing Counter Claim in Cooperative Dispute — Limitation Issue Raised. The court held that allowing the counter claim would extinguish the period of limitation available to the respondents and permit the petitioners to maintain the counter claim from the date of inception of the suit....

The present Writ Petition was filed by the legal heirs of the original petitioner M.L. Sandbhor against Sulochana Walimbe (deceased) through her legal heirs and Prathamik Shikshak Samithi Madhukunj Co...

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Bombay High Court Allows Writ Petitions Challenging Reassessment Notices Under Section 148 of Income Tax Act, 1961 — Notices Issued Beyond Time Limit and Without Proper Application of Mind Are Invalid. Reassessment notices for AY 2014-15 and 2015-16 quashed as barred by limitation under Section 149, while notice for AY 2016-17 upheld....

The petitioner, Lok Developers, a registered partnership firm, filed three writ petitions challenging reassessment notices issued under Section 148 of the Income Tax Act, 1961 for the assessment years...