Bombay High Court

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Bombay High Court Partially Allows Insurance Appeal in Motor Accident Claim — Reduces Interest Rate from 7.5% to 6% Per Annum. No Contributory Negligence Found as Tribunal's Finding of Negligence on Part of Xylo Driver Was Based on Evidence and Not Shown to Be Perverse....

The appeal was filed by Reliance General Insurance Company Limited under Section 173 of the Motor Vehicles Act, 1988, challenging the judgment dated 3rd May 2018 passed by the Motor Accident Claims Tr...

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Bombay High Court Allows Appeal in Land Acquisition Case — Enhances Compensation Rate Based on Comparable Sale Deeds. Market Value Determined at Rs. 25,000 per Acre Under Section 23 of the Land Acquisition Act, 1894, with 30% Solatium and 12% Additional Interest....

The appellant, Waman s/o Rajaram Gabhane, owned Survey No. 105 admeasuring 4.99 hectares at Mouza Jamb. The State acquired 40 R of this land for extension of Gaothan under the Land Acquisition Act, 18...

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High Court of Bombay at Nagpur Dismisses Insurance Company's Appeal in Motor Accident Claim — Insurer Liable Despite Alleged License Breach. The court held that the insurer failed to prove that the driver lacked a valid driving license, and thus the award of compensation was upheld....

The case arises from a motor accident claim petition filed by the legal representatives of the deceased Ramji Bhoyar, who died in a head-on collision between a Santro car and a motorcycle on 24 Octobe...

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Bombay High Court Allows Appeal in Railway Accident Claim — Untoward Incident Presumed Under Section 124A of Railways Act, 1989. Deceased's fall from train due to sudden jerk or push constitutes an untoward incident; railway's defense of suicide or self-inflicted injury not established....

The appellants, being the father, mother, and brother of the deceased Ganesh Vasanta Kajale, filed a claim before the Railway Claims Tribunal, Nagpur, seeking compensation for his death in an alleged ...

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Bombay High Court Dismisses Bank's Delay Condonation Application Due to Negligence of Counsel — 579-Day Delay Not Sufficiently Explained. The court held that the bank failed to exercise due diligence in monitoring the appeal filing and the advocate's illness did not constitute sufficient cause for condonation....

The Bombay High Court dismissed an interim application filed by Bank of India seeking condonation of a 579-day delay in filing a commercial appeal against an order dated 9 November 2020. The bank clai...

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Bombay High Court Dismisses Bank's Delay Condonation Application in Commercial Appeal Due to Lack of Diligence. Delay of 579 days not condoned as bank failed to follow up with advocate who was ill....

The appellant, Bank of India, filed an application under Section 5 of the Limitation Act, 1963, seeking condonation of a 579-day delay in filing a commercial appeal against an order dated 09.11.2020. ...

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Bombay High Court Acquits Appellant in Snatching Case Due to Lack of Identification Parade and Recovery. Conviction Under Section 379 IPC Set Aside as Identification in Police Station Without Test Identification Parade is Unreliable and No Recovery from Appellant....

The appellant, Alam Adam Mansuri, was convicted by the Additional Sessions Judge, Greater Mumbai, in Special MCOCA Case No.4 of 2013 for the offence punishable under Section 379 read with 34 of the In...

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Bombay High Court Dismisses Plaintiffs' Revision and Writ Petition in Property Dispute. Trial Court's Refusal to Allow Recall of Witness and Amendment of Plaint Upheld as No Jurisdictional Error or Material Irregularity Found....

The judgment arises from a property dispute between the Plaintiffs (Jitendra Velji Faria and another) and the Defendants, including the Municipal Corporation of Greater Mumbai and M/s. Lotus Grih Nirm...