Bombay High Court

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High Court Allows Compensation Claim in Railway Accident Case, Reversing Tribunal's Finding on Untoward Incident. Death from Accidental Fall During Travel with Valid Ticket Constitutes Untoward Incident Under Railways Act, 1989, as Exclusion for Own Criminal Act Under Section 124A(c) Not Applicable Without Evidence of Trespassing....

The appeal concerned a compensation claim under the Railways Act, 1989, filed by the daughter of a deceased passenger. The deceased, a housemaid, was traveling from Nallasopara to Santacruz with a val...

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High Court Sets Aside Arbitral Award in Arbitration Petition Under Section 34 of Arbitration and Conciliation Act, 1996 Due to Lack of Counterclaim. The award was found patently illegal as it granted compensation to an investor who had not filed any claim or counterclaim, based on a misconception from conciliation proceedings....

The dispute arose from a stockbroker's operational error in handling a Margin Trading Facility account for an investor, leading to the auction of shares and financial loss. The investor complained to ...

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Revocation of Probate Not Maintainable on Grounds of Title Dispute. Bombay High Court...

The Bombay High Court held that a probate cannot be revoked on the ground that the testator lacked title to the bequeathed property. Such a contention raises a title dispute, which is ...

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High Court of Bombay at Goa Quashes Registrar's Communication in Partnership Registration Case Due to Excess of Jurisdiction. Registrar Lacked Authority Under Section 63(1) of Indian Partnership Act, 1932 to Demand Marital Status Information from Spouses Governed by Goa's Civil Code with Communion of Assets Regime....

The dispute involved a writ petition filed by husband and wife petitioners challenging a communication from the Registrar of Firms that sought clarification about their marital status for registering ...

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High Court Dismisses Insurance Company's Appeal and Partially Allows Claimants' Appeal in Motor Accident Compensation Case. Compensation Enhanced as Academic Marks Do Not Determine Earning Potential Under Section 166 of Motor Vehicles Act, 1988, with Future Prospects Applied....

The dispute arose from a motor accident on 7 November 2014, where a motorcycle driven by Alan Holkar, a 23-year-old third-year BHMS student, was dashed by a truck. The claimants, his mother, father, a...

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High Court Dismisses Appeals in Arbitration Dispute Over Land Acquisition Compensation Under National Highways Act. The court upheld the arbitrator's award enhancing compensation, finding no grounds for interference under Section 34 of the Arbitration and Conciliation Act, 1996, as judicial review is limited and does not extend to merits re-appreciation....

The High Court of Judicature at Bombay, Bench at Aurangabad, heard two arbitration appeals arising from a land acquisition compensation dispute under the National Highways Act, 1956. Appellant, acquir...

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High Court Dismisses Appeal in Murder Conviction Under Sections 302/34 and 120-B IPC - Conviction upheld based on complete chain of circumstantial evidence and reliable eye-witness testimony. Appellant's guilt established through last seen theory, recovery of weapon, and conduct, with no interference warranted in trial court's judgment....

The appeal arose from a judgment dated 27.09.2018 by the Additional Sessions Judge, Akola, in Sessions Trial No. 35 of 2016, convicting the appellant for offences under Section 302 read with Section 3...

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High Court Allows Petition to Quash FIR and Chargesheet in SC/ST Act Case Due to Absence of Caste-Based Intent. Allegations of Abuse and Assault Did Not Meet Ingredients Under Sections 3(1)(r) and 3(1)(s) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, as No Caste Name Was Used and Insult Was Not Based on Caste....

The background of the dispute involved a petition filed by the petitioner,  against the State of Maharashtra and others, including the complainant, Chitra Shalunkhe. The petitioner sought to quas...

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High Court Allows Compensation Claim in Railway Accident Case, Setting Aside Tribunal's Rejection Based on Insufficient Evidence. Court Held Co-Passenger Testimony Established Deceased as Bonafide Passenger and Death as Untoward Incident Under Railways Act, 1989, Despite Absence of Ticket and Official Reports from Non-Eyewitnesses....

The appeal arose from a judgment dated 22nd March 2019 by the Railway Claims Tribunal, Mumbai, which rejected an application for compensation concerning the death of  deceased on 29th March 2012....