Bombay High Court

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High Court of Bombay at Goa Allows Motor Accident Claim Appeal Under Motor Vehicles Act, 1988; Tribunal's Dismissal Set Aside for Perverse Finding on Negligence. Motor Accident Claims Tribunal Erred in Dismissing Claim Despite Determining Compensation of Rs 30,18,000 as Evidence Did Not Support Theory of Deceased's Negligence....

The appeal arose from a motor accident claim under the Motor Vehicles Act. The appellants, who were the parents, wife, and three minor daughters of the deceased Jalander Jadhav, challenged the judgmen...

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Bombay High Court Allows Writ Petition Challenging Denial of NORI Certificate to Medical Graduate — Guidelines dated 03/08/2021 Not Applicable Retrospectively. Petitioner's request for No Obligation To Return to India certificate rejected based on guidelines that came into effect after his departure, held arbitrary and unsustainable....

The petitioner, Siddesh Ramesh Veer, a medical graduate who completed his MD from Smolensk State Medical Academy, Russia, and passed the Foreign Medical Graduate Exam (FMGE) in September 2011, receive...

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Bombay High Court Allows State Appeals in Land Acquisition Compensation Case, Reduces Enhanced Compensation. The court held that the Reference Court erred in relying on sale instances of small plots to determine market value of a large tract of undeveloped Varkas land under Section 23 of the Land Acquisition Act, 1894....

The case involves appeals by the State of Maharashtra and the Special Land Acquisition Officer against a common judgment dated 29th April 2005 passed by the Civil Judge, Senior Division, Panvel, in La...

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Bombay High Court Upholds Conviction of Appellants in Kidnapping for Ransom Case — Life Imprisonment Upheld. Evidence of Demand for Ransom and Recovery of Victim at Accused's Instance Establishes Offence Under Section 364(A) IPC....

The judgment pertains to two criminal appeals filed by three appellants convicted under Sections 363 and 364(A) read with 34 of the Indian Penal Code, 1860 (IPC) for kidnapping a minor for ransom. Cri...

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Bombay High Court Quashes Distillery Licence Cancellation in Maharashtra Prohibition Act Case — Violation of Natural Justice as Show-Cause Notice Did Not Specify Grounds for Cancellation. The court held that cancellation of a distillery licence without proper notice and opportunity to be heard is unsustainable under the Maharashtra Prohibition Act, 1949....

The petitioner, Shri Saikrupa Sugar & Allied Industries Ltd., a company running a sugar factory and distillery plant in Hiradgaon, challenged the order dated 10.2.2022 passed by the Principal Secretar...

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Bombay High Court Quashes FIR for Escape from Custody Under Section 224 IPC When Prisoner Surrenders Voluntarily. Voluntary surrender after expiry of furlough period does not constitute escape from custody as the prisoner was not in custody at the time of alleged offence....

The applicant, Virendrasingh Ramprakashsingh Khairwar, was convicted under Section 302 IPC and sentenced to life imprisonment. On 21 March 2017, he was released on furlough for 21 days and was require...

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Bombay High Court Quashes Reopening Notice Under Section 148 of Income Tax Act for Lack of Failure to Disclose Material Facts. Reassessment after four years barred unless Revenue shows assessee failed to fully and truly disclose all material facts....

The petitioner, Bhavani Gems Private Limited, challenged a notice dated 30.03.2021 issued under section 148 of the Income Tax Act, 1961 for reopening assessment for assessment year 2014-15, and the or...

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Bombay High Court Grants Interim Injunction in Copyright Infringement Suit Against News Channel for Unauthorized Broadcast of Cinematographic Films. The court held that the plaintiff had made out a prima facie case of ownership and infringement, and the balance of convenience favored granting injunction to prevent irreparable loss....

The plaintiff, Shemaroo Entertainment Limited, a public limited company engaged in the production, exhibition, distribution, and exploitation of cinematographic films, filed a suit for infringement of...

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Bombay High Court Quashes Cancellation of State Quota Mop Up Round in NEET-PG Counselling — Admission Granted to Petitioner Restored. State Quota Mop Up Round-1 cannot be cancelled merely because All India Quota Mop Up Round was cancelled by Supreme Court; State Counselling Authority must act independently....

The petitioner, Dr. Manish Hansraj Pandey, an MBBS graduate, sought admission to NEET-PG 2021-22 for a Post Graduate course. In the admission process conducted by Respondent No.2 (the State Counsellin...

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High Court of Bombay Dismisses Appeal for Enhanced Compensation in Land Acquisition Case — Claimants Fail to Prove Market Value Higher Than Awarded. The court upheld the reference court's dismissal of the reference under Section 18 of the Land Acquisition Act, 1894, as the claimants did not adduce sufficient evidence to prove the market value of the acquired land....

The case pertains to a first appeal filed by the claimants (Suwalal, Anilkumar, and the legal representatives of Tarachand Dagdulal Kotecha) against the judgment and award passed by the reference cour...