Bombay High Court

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High Court of Bombay at Goa Partly Allows Claimants' Appeal in Motor Accident Compensation Case, Reducing Contributory Negligence from 50% to 25%. The Court Held That Truck Driver's High Speed and Failure to Testify Warranted Adverse Inference, While White Continuous Line Did Not Absolutely Bar Right Turn at Junction....

The appeal arose from a motor accident claim filed by the parents of Aishwarya, a 17-year-old student who died in a road accident on 19 April 2017. The claimants were her father Pradip Salelkar and mo...

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Bombay High Court Allows Writ Petition Challenging Caste Scrutiny Committee Decision Not Signed by All Members. Rule 18 of Maharashtra Castes Validity Rules, 2012 Mandates Decision Signed by All Members; Non-Compliance Violates Natural Justice....

The petitioner, Eknath Dada Thorat, challenged the decision of the Divisional Caste Certificate Scrutiny Committee, Pune, which rejected his caste claim. The petitioner contended that although all thr...

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Bombay High Court Directs Collector to Consider Refund of Stamp Duty Paid on Unconsummated Sale Agreement Due to Covid-19 Pandemic. Petitioner entitled to refund under Section 52 read with 52A of Maharashtra Stamp Act, 1958 as no instrument was executed and transaction fell through....

The petitioner, Deepti Kavit Ved, desired to purchase Flat No.707, 'B' Wing, Nishchy Building for a total consideration of Rs.74 Lakhs from M/s. Shreeraj Developers LLP. On 29th June 2020, she paid st...

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Bombay High Court Allows Quashing of FIR in Matrimonial Dispute Due to Settlement Between Parties. Inherent powers under Section 482 CrPC exercised to prevent abuse of process where parties had compromised in a dowry harassment case....

The applicant, Smt. Vrushali Jayesh Kore, filed an application under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of FIR No. 355/2020 registered at Ramanand Police Station, Jal...

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Bombay High Court Allows Second Appeal and Sets Aside First Appellate Court's Judgment in Civil Appeal for Deciding Appeal on Merits in Absence of Appellant. Order XLI Rule 17(1) of Code of Civil Procedure, 1908 Bars Dismissal on Merits When Appellant Does Not Appear; Remand Ordered with Costs for Violation of Provision....

The High Court of Bombay at Goa considered a second appeal arising from a first appellate court's judgment in a civil dispute concerning property measuring almost 3000 sq. metres at Penha de Franca, P...

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High Court of Bombay at Goa Considers Appeal in Motor Accident Claim Challenging Dismissal for Non-Proof of Negligence. Tribunal's Approach of Deciding Only Negligence Issue Without Quantum Held Contrary to Law and Standard of Proof Required is Preponderance of Probability Under Motor Vehicles Act, 1988....

The First Appeal No. 108 of 2019 arose from the judgment and award dated 10.04.2019 passed by the Motor Accident Claims Tribunal in Claim Petition No. 48/2015. The appellants were the parents of the d...

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Bombay High Court Dismisses Writ Petition Challenging MRT Order Rejecting Revision in Tenancy Dispute — Tenant Status Not Established on Revenue Records. The court held that the burden of proof lies on the person claiming tenancy rights, and mere mutation entry without corroborative evidence is insufficient under the Bombay Tenancy and Agricultural Lands Act, 1948....

The petitioners, claiming to be tenants of agricultural land, challenged an order of the Maharashtra Revenue Tribunal (MRT) dated 09 December 2013, which rejected their revision application against an...

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Bombay High Court Acquits Appellant in POCSO and Rape Case Due to Inconsistent Victim Testimony and Lack of Corroboration. Conviction under Sections 363, 376, 504, 506 IPC and Sections 3(a)/4, 5(i),(j)(ii),(l)/6 POCSO Act set aside as prosecution failed to prove guilt beyond reasonable doubt....

The appellant, Sameer Shashikant Jadhav, was convicted by the Additional Sessions Judge, Ratnagiri, in Special Case No.19/2018 for offences under Sections 363, 376, 504, 506 of the Indian Penal Code (...

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High Court of Bombay at Nagpur Dismisses Petitions Challenging Cancellation of Tender by Western Coalfields Limited. Tender cancellation upheld as employer has discretion to cancel tender before issuance of purchase order, and no concluded contract exists....

The judgment concerns two writ petitions filed by successful bidders challenging the cancellation of a global tender issued by Western Coalfields Limited (WCL) for the supply, installation, and commis...