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Bombay High Court Allows Appeal Against Remand Order in Civil Suit — Appellate Court Exceeded Powers Under Order 41 Rule 23-A CPC. Remand Without Setting Aside Trial Court's Findings on Merits Is Not Permissible Under Order 41 Rule 23-A of the Code of Civil Procedure, 1908.

The present appeal arises from an order of remand passed by the Appellate Court (District Court) in a civil suit. The appellants, who were the origina...

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Bombay High Court Allows Appeal in Railway Accident Claim — Untoward Incident Presumed Under Section 124A of Railways Act, 1989. Deceased's fall from train due to sudden jerk or push constitutes an untoward incident; railway's defense of suicide or self-inflicted injury not established.

The appellants, being the father, mother, and brother of the deceased Ganesh Vasanta Kajale, filed a claim before the Railway Claims Tribunal, Nagpur,...

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High Court of Karnataka Dismisses Commercial Appeal in Arbitration Dispute — Upholds Arbitral Award Rejecting Claim for 2% Contract Value Without Work Execution. Claim for facilitation fee under MOU fails as appellant did not perform any work for the contract awarded to the joint venture.

The appellant, M/s. Pratibha Industries Limited, filed a commercial appeal under Section 13(1A) of the Commercial Courts Act, 2015, read with Section ...

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Bombay High Court Acquits Appellants in Murder Case Due to Unreliable Evidence and Failure to Prove Unlawful Assembly. Conviction Under Sections 147, 148, 302, 323, 427, 452 Read With Section 149 IPC Set Aside as Dying Declaration and Witness Testimony Found Unreliable.

The case arises from a political rivalry in Aundi village, Solapur district. The appellants, along with others, were tried for forming an unlawful ass...

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Bombay High Court Quashes Process Against Family Members in Dowry Case for Non-Compliance with Section 202 CrPC Amendment. Magistrate failed to hold mandatory enquiry under amended Section 202 CrPC before issuing process against accused residing outside jurisdiction.

The petitioners, who are the husband, father, mother, brothers, and sister-in-law of the complainant-wife, challenged the order dated 14.8.2008 passed...

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Bombay High Court Quashes Lease Agreement for Masunda Lake Without Tenders - Violation of Article 14 and Municipal Corporation Act. The court held that a 25-year lease granted by Thane Municipal Corporation without public advertisement or tender process is arbitrary and illegal.

The petitioner, Sonalaxmi Machhimar Sahakari Society Ltd., a cooperative society registered under the Maharashtra Cooperative Societies Act, 1960, cha...

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Bombay High Court Dismisses Employer's Challenge to Reference of Minimum Wages Dispute to Industrial Tribunal. Settlement Barring Financial Demands Does Not Preclude Statutory Minimum Wages Claim Under Industrial Disputes Act, 1947.

The petitioner, Pix Transmissions Limited, an employer, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an o...