Bombay High Court

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Bombay High Court Allows Appeal in Motor Accident Claim Case Due to Erroneous Dismissal for Default. Claimant's absence on one date not sufficient to dismiss claim petition without considering merits under Section 166 of Motor Vehicles Act, 1988....

The appellant, Mr. Sayyed Nadaf, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, seeking compensation for injuries sustained in a motor vehicle accident. The Motor Accident C...

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High Court of Bombay at Goa Reiterates Legal Standards for Motor Accident Claims and Criticizes Tribunal's Dismissal Without Deciding Quantum. Court emphasizes preponderance of probability, not proof beyond reasonable doubt, under Motor Vehicles Act, 1988, Section 169(2) and precedent requiring all issues be decided....

The first appeal arose from a judgment and award dated 25 August 2021 by the Motor Accident Claims Tribunal, which dismissed Claim Petition No. 53 of 2017. The appellants were the wife and mother of t...

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Bombay High Court Allows Writ Petition Seeking Alternate Land for Project Affected Persons Under Maharashtra Project Affected Persons Rehabilitation Act, 1999. Court Directs State to Issue Notice Under Section 16(2)(a) and Consider Claim for Alternate Land for Lands Submerged Under Mahind Pond Project....

The petitioners, legal heirs of Maruti Ganu Supnekar, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court. Their lands had been acquired by the State Gove...

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Bombay High Court Dismisses Tenant's Challenge to Executability of Compromise Decree Passed by National Lok Adalat in Rent Eviction Suit. Tenant who voluntarily agreed to vacate premises for redevelopment and invited decree is estopped from questioning its validity or executability under Section 15(2) of Legal Services Authorities Act, 1987....

The present petitions arise out of three eviction suits filed by the respondents/landlords against the petitioners/tenants under the Maharashtra Rent Control Act, 1999. During the pendency of the suit...

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Bombay High Court Dismisses Second Appeal by Subsequent Purchaser Against Refusal to Condon Delay of 3.5 Years in Filing Appeal. Limitation Act, 1963 Section 5 - Condonation of Delay - Sufficient Cause Not Established - Delay of 3.5 Years Not Explained....

The appellants, Modu Sonsing Vanjari and others, were subsequent purchasers of property. They filed an appeal against a decree passed by the trial court, but there was a delay of approximately 3.5 yea...

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Bombay High Court Dismisses Civil Revision Against Rejection of Condonation of Delay in Heirship Certificate Appeal. Delay of 4 Years 7 Months Not Sufficiently Explained; Filing Review and Civil Suit Not Valid Grounds for Delay....

The case involves a Civil Revision Application filed by Bhimraj and Kishor Dusing challenging an order dated 21.08.2021 passed by the District Judge-1, Vaijapur, which rejected their application for c...

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Bombay High Court Quashes Externment Order in Maharashtra Police Act Case — Lack of Material to Show Petitioner as Habitual Offender. Externment Order Set Aside as In-Camera Statements Were Vague and Crimes Were Not Sufficient to Conclude Petitioner Was a Habitual Offender Under Section 56 of Maharashtra Police Act, 1951....

The petitioner, Shubham Kodwate, challenged the externment order dated 24.02.2022 passed by the Deputy Commissioner of Police, Zone-I, Nagpur City, under Section 56(1)(a)&(b) of the Maharashtra Police...

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High Court of Bombay at Goa Considers Writ Petition Against Reopening of Assessment Under Section 148 of Income Tax Act, 1961. The Core Issue Is Whether Assessee Failed to Disclose Material Facts for AY 2012-13 to Justify Notice Beyond Four Years....

Background: This writ petition was filed by a private limited company engaged in mining business and sale and export of iron ore, challenging the reopening of its income tax assessment for Assessment ...

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High Court of Bombay Dismisses Customs Appeal in Customs Broker Licensing Case — First Breach Considered Mitigating Factor. The court upheld the CESTAT order reducing penalty for Mahavir Logistics, a customs broker, on the ground that it was the first breach under the Customs Brokers Licensing Regulations, 2013....

The Principal Commissioner of Customs (General) appealed against an order of the Customs Excise and Service Tax Appellate Tribunal (CESTAT), Mumbai, which had allowed the appeal of Mahavir Logistics, ...