Bombay High Court

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Bombay High Court Dismisses Application to Transfer Investigation in Govind Pansare Murder Case. Court finds no ground to transfer investigation from SIT to ATS as SIT is already conducting investigation....

The applicants, who are the daughter and daughter-in-law of deceased Comrade Govind Pansare, filed an interim application seeking transfer of further investigation in Criminal Case No. 39 of 2015 from...

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Bombay High Court Dismisses Petitions Challenging Process in Dishonour of Cheque Cases Against Directors of Co-operative Society. Vicarious Liability Under Section 141 of Negotiable Instruments Act, 1881 Requires Specific Averments of Role in Day-to-Day Affairs....

The judgment arises from two criminal writ petitions filed by the petitioners, who are directors of a co-operative society, challenging the orders passed by the learned Additional Sessions Judge, Grea...

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Bombay High Court Acquits Accused in Rape of Mentally Retarded Woman Due to Lack of Consent Evidence. Conviction under Section 376(2)(l) IPC set aside as prosecution failed to prove absence of consent and knowledge of mental retardation....

The present appeal challenged the conviction and sentence of the appellant under Section 376(2)(l) of the Indian Penal Code, 1860 (IPC) for the rape of a mentally retarded woman. The appellant was con...

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Bombay High Court Dismisses Appeal Against Setting Aside of Arbitral Award in Price Escalation Dispute. Interpretation of price escalation clause by arbitral tribunal found patently illegal as it ignored the contractual formula, leading to setting aside of award under Section 34 of Arbitration and Conciliation Act, 1996....

The case involves a challenge under Section 37 of the Arbitration and Conciliation Act, 1996 against a judgment dated 31st March 2017 passed by a learned Single Judge in Arbitration Petition No. 925 o...

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Bombay High Court Dismisses Insurer's Appeal in Motor Accident Claim — Major Son Held Dependent. The court affirmed that a major son can be a dependent if actually dependent on the deceased's income, and the insurer is liable to pay compensation....

The case arises from a motor accident claim filed by Vinay Ambadas Wahul, the son of the deceased Shantabai Wahul, who died in a road accident on 23rd December 2015 when a school bus driven by respond...

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Bombay High Court Upholds Conviction of Appellants for Robbery and House Trespass in Dacoity Case — Identification by Injured Witness and Recovery of Stolen Articles. Appellants convicted under Sections 392 and 451 read with 34 IPC based on credible eyewitness account and corroborating recoveries, while acquitted of dacoity under Section 395 IPC....

The case involves three criminal appeals challenging the judgment and order of the Additional Sessions Judge, Khed, in Sessions Case No.15/2014, dated 15.9.2015. The appellants, Santosh Prakash Gurav ...

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Bombay High Court Quashes FIR Against Bank and Employees in Loan Dispute — Dispute Held Purely Civil, No Prima Facie Case of Cheating or Criminal Breach of Trust. Allegations of Forgery and Use of Forged Documents Also Not Made Out, FIR Quashed Under Section 482 CrPC....

The judgment arises from two writ petitions filed by ICICI Bank Ltd., its employees (Zarin Daruwala, Girish Nayak, Arati Ramakrishnan, Vipul Parmar, Kunjal Jadhav, Neha Badlani) and JM Financial Asset...

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Bombay High Court Allows Second Appeal in Property Suit — Concurrent Findings Set Aside for Ignoring Compromise Decree. Plaintiff's Sale Deed Upheld as Valid Despite Prior Partition, as Compromise Decree Confirmed Shankar's Half Share and Right to Sell....

The appellant, Dagdu Rangnath Shingan, filed a second appeal challenging the concurrent findings of the trial court and first appellate court which dismissed his suit for possession and declaration of...

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Bombay High Court Allows Appeal for Enhancement of Compensation in Motor Accident Claim of Minor - Multiplier Method Applied for Just Compensation. The court enhanced the award from the Tribunal by applying the multiplier method and including pecuniary losses, future prospects, and funeral expenses under the Motor Vehicles Act, 1988....

The case arises from a motor accident claim filed by the parents of a 15-year-old boy, Dattu, who died on the spot after being hit by a jeep on 06.04.2006. The jeep was driven by respondent no.1, owne...

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Bombay High Court Allows Appeal for Enhancement of Compensation in Motor Accident Claim Case. Finding of Contributory Negligence Set Aside as Truck Driver Was Solely Negligent Under Motor Vehicles Act, 1988....

The appeal arises from a judgment and award of the Motor Accident Claims Tribunal, Ahmednagar in M.A.C.P. No. 4 of 2016, whereby the Tribunal awarded compensation of Rs. 6,35,000/- to the appellants (...