Bombay High Court

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Bombay High Court Acquits Appellant in Murder Case Due to Unreliable Dying Declaration. Dying declaration recorded by police officer without medical certification held inadmissible under Section 32 of Indian Evidence Act, 1872....

The appellant, Ajay Marotrao Thakre, was convicted by the Sessions Court for the murder of his wife, Nanda, by setting her on fire. The prosecution's case relied heavily on a dying declaration recorde...

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High Court of Bombay at Goa Hears Defendant's Writ Petition Under Article 227 Challenging Rejection of Temporary Injunction. Petitioner Argues Lower Courts Erred in Finding No Prima Facie Case and Ignoring Documentary Evidence....

The writ petition under Article 227 of the Constitution of India challenged the judgment dated 17.11.2018 of the District Judge, Mapusa, in Miscellaneous Civil Appeal No. 31/2018, which confirmed the ...

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Bombay High Court at Goa Dismisses Petition Challenging Tribunal's Finding of Unfair Domestic Enquiry. Enquiry Officer's Failure to Provide Documents and Denial of Cross-Examination Violated Principles of Natural Justice Under Industrial Disputes Act, 1947....

The petitioner, Godrej and Boyce Manufacturing Company Ltd., challenged the order dated 18.01.2013 of the Industrial Tribunal and Labour Court at Panaji in Reference IT No. 35/2010. The Tribunal had a...

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Bombay High Court Allows Landlord's Writ Petitions Against Appellate Court's Reversal of Eviction Obstruction and Mesne Profits Orders. The court held that an obstructor claiming through a tenant cannot resist eviction after a decree against the tenant, and mesne profits are independent of possession....

The case involves two writ petitions filed by the landlord, Udyavara R. Acharya and Ramadevi R. Acharya, against the respondent, Jugal Kishor Jagannath Sharda, who was an obstructor in execution proce...

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Bombay High Court Dismisses BPCL's Second Appeal in Lease Dispute — No Registered Lease Deed, No Protection Under Section 53A of Transfer of Property Act. Appellant failed to prove possession in part performance of contract as lessee failed to execute registered lease deed despite 1965 agreement....

The appellant, Bharat Petroleum Corporation Limited (BPCL), filed a second appeal against the concurrent decrees of the trial court and the first appellate court, which had decreed the respondents' su...

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Bombay High Court Dismisses Revision Applications in Rent Control Dispute — Upholds Concurrent Findings of Tenancy and Subletting. Landlord's claim for possession under Section 16 of the Maharashtra Rent Control Act, 1999 fails as subletting was not proved and tenant's possession was lawful....

The case involves two civil revision applications arising from a dispute between the landlords (M/s. K. B. Lahoti and Company and others) and the tenants (Champalal Vithuram Jajoo and others) along wi...

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Bombay High Court Dismisses Appeals by Acquiring Body in Land Acquisition Compensation Cases, Upholding Enhanced Compensation for Claimants. The court held that the Reference Court's reliance on sale instances and potential value of land for non-agricultural use was justified, and no deduction for development charges was warranted....

The case involves four first appeals filed by the Executive Engineer, Beed Irrigation Division, through Godawari Marathwada Irrigation Development Corporation, challenging the common judgment and awar...

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Bombay High Court Quashes FIR Against Retired Secretary in PWD Corruption Case — Lack of Sanction Under Section 19 of Prevention of Corruption Act Renders Prosecution Invalid. FIR under IPC and PC Act for alleged irregularities in plot development quashed as prior sanction for prosecution of public servant was not obtained....

The petitioner, Deodutta Gangadhar Marathe, a retired Secretary (Works) of the Public Works Department (PWD) of Maharashtra, filed a writ petition seeking quashing of FIR No.35/2015 registered at ACB ...

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Bombay High Court Allows Appeal for Enhanced Compensation in Motor Accident Case — 50% Permanent Disability Justifies Higher Award. Loss of Future Income for Labourer Increased from Rs.50,000 to Rs.1,00,000 Under Section 166 of Motor Vehicles Act, 1988....

The appellant, Siddharth Dupare, was a labourer who sustained grievous injuries in a motor vehicle accident when the jeep he was traveling in, driven rashly and negligently, collided with a State Tran...

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Bombay High Court Dismisses Union of India's Challenge to Family Pension Award to Second Wife in Railway Service Dispute. Marriage Valid Under Custom of Gond Community Despite Subsistence of First Marriage, Entitling Widow to Family Pension Under Railway Services (Pension) Rules, 1993....

The petitioners, Union of India through the General Manager and Divisional Railway Manager of South East Central Railway (SECR), challenged the order dated 18.07.2016 passed by the Central Administrat...