FIRST APPEAL NO.78 OF 2016...
The matter was a first appeal before the High Court of Bombay at Goa challenging the judgment and award dated 22.03.2016 passed by the District Court, South Goa, Margao in Land Acquisition Case No.7/2...
Bombay High Court
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High Court
Bombay High Court at Goa Reviewed First Appeals by State Transport Corporation Against Motor Accident Claims Tribunal Awards on Negligence and Res Judicata. The Court Considered Whether the Principle of Res Judicata Barred the Tribunal's Finding That the Bus Driver Was Rash and Negligent, and Whether Such Finding Was Contrary to Evidence Under the Motor Vehicles Act, 1988....
These two first appeals arose from awards passed by the Motor Accident Claims Tribunal, North Goa in Claim Petition Nos.214 of 2009 and 215 of 2009. First Appeal No.30 of 2015 concerned a claim filed ...
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High Court
High Court of Bombay at Goa Upholds Tribunal's Finding of Rashness and Negligence Against State Transport Corporation Bus Driver. Minor Accident Victim's Claim for Compensation Upheld as Tribunal Correctly Relied on Investigating Officer's Evidence and Precedents....
The appeal arose from a motor accident claim filed before the Motor Accident Claims Tribunal, North Goa, Panaji, arising out of an accident on 30 July 2014, in which a two-year-old girl, Vrindha Kaur,...
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High Court
Bombay High Court Allows Appeal in Admiralty Suit for Arrest of Vessel — Sets Aside Ex-Parte Order of Arrest for Non-Disclosure of Material Facts. Court holds that a plaintiff seeking arrest of a vessel must make full and frank disclosure of all material facts, including the existence of an arbitration agreement and the vessel's status as a River-Sea Vessel under the Merchant Shipping Act, 1958....
The case involves an appeal by the defendants, MT Pamboor 2 (the vessel) and Shiny Shipping & Logistics Private Limited, against an ex-parte order of arrest of the vessel passed by the Commercial Admi...
- 174
High Court
Bombay High Court Quashes Process Against Directors in NI Act Case Due to Lack of Specific Averments of Vicarious Liability. The court held that mere designation as a director is insufficient to attract vicarious liability under Section 141 of the Negotiable Instruments Act, 1881, and the complaint must contain specific averments that the director was in charge of and responsible for the conduct of the business....
The case involves an application under Section 482 of the Code of Criminal Procedure, 1973, filed by Anil Kumar Singhal and Meenu Maheshwari, directors of Gupta Synthetics Limited, seeking to quash th...
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High Court
Bombay High Court Quashes Process Against Directors in Cheque Dishonour Case Due to Lack of Specific Averments of Vicarious Liability Under Section 141 of NI Act. The court held that mere description as director without specific averments of being in charge of and responsible for the conduct of business is insufficient to attract vicarious liability under Section 141 of the Negotiable Instruments Act, 1881....
The applicants, Nizar Noorali Rangara and another, were directors of M/s. Rangara Industries Private Limited, a company in liquidation. The respondent, M/s. Surajbhan Rajkumar Private Limited, had fil...
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High Court
Bombay High Court Upholds Conviction for Murder Based on Circumstantial Evidence — Last Seen Theory and Motive Established. Nephew convicted for murder of 12-year-old cousin under Section 302 IPC, sentenced to life imprisonment....
The appellant, Noor Ahmed Mohammed Bagwan, was convicted under Section 302 IPC for the murder of his 12-year-old cousin Aman. The prosecution case was based on circumstantial evidence. On 28.11.2011, ...
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High Court
Bombay High Court Upholds Conviction of Accused for Rape and Criminal Intimidation of Minor Daughter. Sentence of 5 Years RI Held Adequate; State's Appeal for Enhancement Dismissed....
The judgment arises from three connected proceedings: Criminal Appeal No. 218 of 2013 filed by the accused Madhukar Makaji Mudgul against his conviction under Sections 376 and 503 of the Indian Penal ...
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High Court
Bombay High Court Upholds Life Sentence for Murder in Dharavi Based on Circumstantial Evidence. Conviction under Section 302 IPC confirmed as chain of circumstances including last seen and motive was complete....
The appellant, Allauddin Ansari, was convicted under Section 302 IPC for the murder of Saliabanu, an unmarried woman with whom he had a romantic relationship. The prosecution's case was based on circu...
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High Court
Bombay High Court Allows Proportionate Refund for Unextracted Sand Due to Flooding as Natural Calamity. Contractor Entitled to Refund for Sand Not Extracted Due to Stay Order and River Flooding, Treating Flooding as Natural Calamity....
The petitioner, Kiran S/o Chandrakant Maid, a civil contractor, participated in an e-tender process initiated by the Collector, Jalgaon, and was awarded a work order dated 18.01.2014 for extraction of...
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