Bombay High Court

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Bombay High Court Dismisses Habeas Corpus Petition by Father Seeking Return of Minor Child to USA. Court holds that welfare of child is paramount and mere illegal removal from foreign jurisdiction does not automatically warrant return without considering child's best interests....

The petitioner, Abhinav Gyan Prasad, a US citizen residing in the USA, filed a habeas corpus petition in the Bombay High Court seeking the production of his minor child and directions for the child's ...

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Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence of Pillion Rider. Held that a pillion rider who fails to wear a helmet and thereby contributes to the severity of injuries is guilty of contributory negligence under the Motor Vehicles Act, 1988....

The case involves an appeal by United India Insurance Co. Ltd. against the award of compensation by the Motor Accident Claims Tribunal in favour of the claimant, Mr. Dilon @ Baptist Fernandes, who was...

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High Court of Bombay at Goa Partially Allows Insurer and Claimants' Appeals in Fatal Motor Accident Compensation Case. Court Reapportions Negligence Between Tipper Truck Driver and Scooter Rider, Enhances Compensation, and Directs Insurer to Pay and Recover from Joint Tortfeasor....

These two cross appeals arose from the judgment and award dated 30 January 2019 passed by the Motor Accident Claims Tribunal, Panaji sitting at Ponda, in Claim Petition No.39 of 2013. The claim arose ...

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Bombay High Court Dismisses Petitions Challenging Air India Disinvestment and Transfer of Employees to Tata Group. Court upholds government's decision to disinvest Air India and transfer employees to Tata Group, holding that the decision was taken in public interest and after due consultation with stakeholders....

The judgment pertains to three writ petitions filed by employee unions challenging the disinvestment of Air India and the transfer of its employees to the Tata Group. The petitioners, All India Servic...

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Bombay High Court Dismisses PIL Challenging Additional FSI Approval as Abuse of Process. Court finds lack of bonafides and imposes costs of Rs. 5,00,000 for misuse of public interest litigation jurisdiction....

The Bombay High Court dismissed a Public Interest Litigation (PIL) filed by Sarthi Seva Sangh and another petitioner, challenging the approval of an additional 0.73 Floor Space Index (FSI) for a plot ...

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Bombay High Court Grants Bail to Accused in 2012 Pune Bomb Blast Case Due to Long Pre-Trial Detention of Over 9 Years and Weak Evidence of Involvement. Prolonged detention without trial violates right to speedy trial under Article 21; bail granted under Section 21(4) of NIA Act....

The appellant, Munib Memon, was arrested in connection with the 2012 Pune bomb blast case (German Bakery blast) and had been in judicial custody for approximately 9 years and 9 months without the tria...

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Bombay High Court Upholds Life Conviction for Murder of Pregnant Wife in Dowry-Related Killing. Dying Declaration and Circumstantial Evidence Sufficient to Sustain Conviction Under Section 302 IPC, But Conviction Under Section 316 IPC Set Aside for Lack of Proof of Quickening....

The appellant, Sudarshan Narayan Mengade, was convicted by the Sessions Court, Pune for the murder of his wife Sheetal and for causing the death of her unborn child. The marriage took place on 08.02.2...

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Bombay High Court Allows Writ Petition Challenging Rejection of Temporary Injunction in MOFA Dispute Over Parking Spaces. Court Restrains Society Members from Obstructing School's Use of 110 Stilt Parking Spaces Pending Suit....

The petitioner, Goel Ganga Foundation, runs an international school and filed a suit for injunction against the Federation of Swarganga Co-operative Society Limited and others. The plaintiffs claimed ...

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Bombay High Court Allows Husband's Petition to Quash Maintenance Order for Minor Daughter Due to Suppression of Receipt of Permanent Alimony. Wife's failure to disclose Rs.2,00,000 received as permanent alimony for herself and daughter in mutual divorce proceedings amounts to fraud on court, vitiating maintenance claim under Section 125 Cr.P.C....

The petitioner husband and respondent wife obtained a decree of divorce by mutual consent under Section 13-B of the Hindu Marriage Act, 1955 on 10th October 2017. The civil court recorded that the hus...

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Bombay High Court Allows Reinstatement with Back Wages to Employee Acquitted in Corruption Case, Rejects 'No Work No Pay' During Pendency of State Appeal. Acquittal in criminal case entitles employee to reinstatement with full back wages, and employer cannot deny wages on 'no work no pay' principle when employee is willing to work but prevented by employer....

The petitioner, Abhimanyu Laxman Kumbhar, was employed as a Junior Technician with the Maharashtra State Electricity Distribution Company Ltd (MSEDCL). He was prosecuted for demand and acceptance of i...