Bombay High Court

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Bombay High Court Allows Appeal in MCOCA Case Due to Lack of Sanction and Absence of Organized Crime Syndicate. Appellant discharged as prosecution failed to establish existence of a continuing unlawful activity and prior sanction under Section 23(2) of MCOC Act, 1999 was not obtained....

The appellant, Prem Chunnilal Yadav, filed a criminal appeal under Section 12 of the Maharashtra Control of Organized Crime Act, 1999 (MCOC Act) challenging the order dated 23/01/2019 passed by the Sp...

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High Court of Bombay at Nagpur Acquits Appellant in Murder Case Due to Inconsistent Evidence and Failure to Prove Motive Beyond Reasonable Doubt. Conviction under Section 302 IPC Set Aside as Prosecution Failed to Establish Guilt Based on Circumstantial Evidence and Weak Testimony....

The appellant, Vinod Wasudeo Balpande, was convicted by the Additional Sessions Judge, Nagpur in Sessions Trial No.208/2013 for the murder of Shankarrao Kokate under Section 302 of the Indian Penal Co...

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Bombay High Court Quashes Communication Rejecting Purchase Notice for Want of Hearing and Directs Fresh Decision Under Maharashtra Regional Town Planning Act, 1966. Natural Justice Mandates Grant of Hearing to Sender of Purchase Notice When Third-Party Objections Regarding Ownership Are Raised, Even If Section 127 MRTP Act Is Silent....

The dispute arose from the failure to implement a reservation for a children’s park in the Khamgaon city Development Plan, which was revised and came into force in 1993 under the Maharashtra Regiona...

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Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence of Deceased. Deceased motorcyclist without helmet and license contributed 50% to accident; insurer not liable for no-fault liability under Section 140 of Motor Vehicles Act, 1988....

The appeal arises from a judgment and award dated 20.08.2008 passed by the Motor Accident Claims Tribunal, Amravati, in Claim Petition No. 131/2006. The appellant, Oriental Insurance Co. Ltd., challen...

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High Court of Bombay at Nagpur Allows Appeals in Motor Accident Claim Case — Enhances Compensation for Death of Abdul Gaffar. Negligence of Tractor Driver Established; Insurance Company Liable to Pay Enhanced Compensation with Interest....

The case arises from a motor accident claim for the death of Abdul Gaffar, who died in a collision between a motorcycle (on which he was a pillion rider) and a tractor. The claimants, including his wi...

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Bombay High Court Allows Writ Petition Challenging Royalty Demand on Excavated Material from Development Site. Tahsildar lacks jurisdiction to levy royalty under Section 48 of Maharashtra Land Revenue Code, 1966 for excavation during construction pursuant to valid development permission....

The petitioner, Paranjape Schemes (Construction) Ltd., a company engaged in real estate development, filed a writ petition before the Bombay High Court challenging two show-cause/demand notices dated ...

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Bombay High Court Allows Writ Petition Challenging Tahsildar's Demand for Royalty on Excavated Material During Construction. Held that Tahsildar lacks jurisdiction to levy royalty on material excavated pursuant to valid development permission under MRTP Act and NA permission under MLR Code....

The petitioner, originally Flagship Infrastructure Pvt Ltd and now Paranjape Schemes (Construction) Limited, filed a writ petition challenging a show cause notice dated 29 July 2009 issued by the Tahs...

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Bombay High Court Allows Petition Quashing Tahsildar's Order Levying Royalty on Excavated Material for Construction. Section 48 of Maharashtra Land Revenue Code, 1966 Does Not Empower Tahsildar to Levy Royalty on Material Excavated for Building Foundation or Plinth....

The petitioner, P.S.C. Pacific, a registered partnership firm, filed a writ petition before the Bombay High Court challenging an order dated 11/8/2010 issued by the Tahsildar, Mulshi, under Section 48...