Bombay High Court

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Bombay High Court Allows Mother's Appeal in Motor Accident Claim; Awards Rs 11,68,921 Compensation for Son's Death. Tribunal Erred in Not Deciding All Issues and Applied Wrong Standard; Negligence of Truck Driver Proved by Preponderance of Probabilities under Motor Vehicles Act, 1988....

The appeal arose from a motor accident claim before the Motor Accident Claims Tribunal. The appellant, Mrs. Sarita Agarwal, widowed mother of Snehl Agarwal, filed a claim after her 23-year-old son die...

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Bombay High Court Quashes Reassessment Order in MVAT Case Due to Limitation and Lack of Natural Justice. Inter-State Stock Transfer Not a Sale Under MVAT Act, 2002; Reassessment Beyond 4-Year Limitation Period Invalid....

The petitioner, M/s. United Spirits Limited, a company engaged in the manufacture and sale of alcoholic beverages, filed a writ petition challenging an order dated 31st March 2020 passed by the Deputy...

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Bombay High Court Quashes FIR in Rape and POCSO Case Based on Settlement and Undertaking to Marry. Court Considers Future of Parties and Accepts No-Objection from Victim and Parents....

The applicant, Nauman Suleman Khan, was accused in FIR No. I-240 of 2015 registered at Vashi Police Station for offences under Section 376 of the Indian Penal Code and Section 4 of the Protection of C...

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Bombay High Court Upholds Conviction for Murder of Nine-Year-Old Boy Based on Child Witness Testimony and Corroborating Circumstantial Evidence. The court held that the sole testimony of a child witness, if reliable and corroborated, can sustain a conviction under Section 302 IPC....

The appellant, Ganesh Anmappa Talwar, was convicted under Section 302 IPC for the murder of a nine-year-old boy, Ganesh Yallappa Walmiki, by hanging him with a rope. The incident occurred on 15 July 2...

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Bombay High Court Acquits Husband and Wife in Murder Case Due to Unreliable Dying Declarations and Lack of Corroboration. Conviction under Section 302 IPC Set Aside as Dying Declarations Suffered from Material Contradictions and Were Not Recorded in Proper Manner....

The appellants, husband and wife, were convicted by the Additional Sessions Judge, Greater Bombay, for the murder of Tasabirunissa, the wife of the first appellant's brother, under Section 302 read wi...

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Bombay High Court Allows Admission of Students to Jawahar Navodaya Vidyalaya Despite Late Application Due to Pandemic. Right to Education Cannot Be Denied on Technical Grounds Under Right to Education Act, 2009....

The petitioners, six minor students from Ratnagiri district, appeared for the Jawahar Navodaya Vidyalaya selection test for admission to Class VI for the academic year 2021-22. They passed the test an...

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Bombay High Court Allows Writ Petition Challenging Land Acquisition for Non-Payment of Compensation Under Land Acquisition Act, 1894. Acquisition Lapses as Compensation Not Paid Within Five Years Despite Possession Taken....

The petitioners, original owners of land at Roadpali, Taluka Panvel, District Raigad, challenged the acquisition of their land by CIDCO under the Land Acquisition Act, 1894. The acquisition was for th...

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Bombay High Court Allows Petition Challenging Vesting of Land as Private Forest Under Maharashtra Private Forest (Acquisition) Act, 1975. Defective Notice Under Section 35(3) and Notification Under Section 35(1) Render Vesting Invalid....

The petitioner, Rajmachi Rural Aid and Development Programme, a trust registered under the Bombay Public Trust Act, 1950, filed a writ petition challenging the vesting of its land as a private forest ...

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Bombay High Court Allows NHAI Petition Challenging Land Acquisition Officer's Order Under Section 3C of National Highways Act, 1956 — Directions to Deposit Compensation Set Aside as Beyond Statutory Scope. The Land Acquisition Officer under Section 3C of the National Highways Act, 1956 cannot direct deposit of compensation as a condition for taking possession....

The National Highways Authority of India (NHAI) and the Government of India filed a writ petition challenging an order dated 16.03.2021 passed by the Sub-Divisional Officer cum Land Acquisition Office...

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Bombay High Court Allows Appeal in Railway Accident Claim Case — Sets Aside Tribunal's Dismissal for Erroneous Application of Res Ipsa Loquitur. Parents and Minor Daughter of Deceased Passenger Who Fell from Train Entitled to Compensation Under Section 124A of Railways Act, 1989....

The appeal arises from a judgment of the Railway Claims Tribunal, Nagpur, dated 23 January 2019, dismissing the claim application filed by the appellants (father, mother, and minor daughter of the dec...