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Bombay High Court Allows State's Appeal in Land Acquisition Compensation Case, Reduces Enhanced Compensation. Court holds that mere potentiality of land for non-agricultural use does not justify compensation at rates comparable to developed plots without evidence of comparable sales.

The case involves multiple first appeals arising from land acquisition proceedings initiated by the State of Maharashtra for a housing scheme under th...

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High Court of Bombay at Nagpur Upholds Compensation Award in Motor Accident Claim — Insurance Company Liable Despite Breach of Policy Conditions. The court held that the insurer must pay compensation to third-party victims and may recover from the insured if policy conditions are breached.

The case arises from a motor accident claim petition filed by Shivdas Pandurang Mopari, who sustained severe injuries in a vehicular accident on 22.8....

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Bombay High Court Dismisses Workman's Appeal in ESI Compensation Claim for Loss of Vision. Medical Board's finding of Eales's disease unrelated to injury upheld; no causal link established between accident and disability under Section 54-A of Employees' State Insurance Act, 1948.

The appellant, Amin G. Shikalgar, was employed as a Die Maker with the first respondent, Joshi Precision Machines. On 6 February 1979, he sustained an...

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Bombay High Court Grants Leave Under Clause XIV of Letters Patent to Join Infringement and Passing Off Claims in Single Suit. The court allowed joinder of passing off claim arising outside jurisdiction with infringement claim within jurisdiction to avoid multiplicity of suits.

The plaintiffs, registered proprietors of the trademark 'Cafe Madras', filed a suit for infringement and passing off against the defendants who opened...

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Bombay High Court Dismisses Probate Suit for Non-Prosecution and Failure to Prove Will Execution. Plaintiff failed to examine attesting witnesses or produce evidence to prove due execution of Will under Section 63 of Indian Succession Act, 1925 and Section 68 of Indian Evidence Act, 1872.

The plaintiff, Romeo Anacleto D'Souza, filed a testamentary petition seeking probate of the Will dated 26th May 1986 of his mother, Mrs Ermina Pinto D...

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Bombay High Court Allows Writ Petition Challenging Service Tax Demand on Road Construction Contracts for Government Departments. Notification No. 25/2012-ST Exempts Construction of Roads for Government from Service Tax Under Section 93 of Finance Act, 1994.

The petitioner, M/s. Suman Construction, a government-registered civil contractor, filed a writ petition under Articles 226 and 227 of the Constitutio...

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Bombay High Court Dismisses Recusal Application by Advocate in Official Liquidator's Report — Advocate's Conduct Found Obstructive and Discourteous. Court Holds That Adverse Remarks Against Counsel Do Not Automatically Warrant Recusal Unless Bias Is Demonstrated.

The judgment arises from an application/praecipe filed by Advocate Mathews J. Nedumpara on 14th October 2014, requesting that Justice S.J. Kathawalla ...

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Bombay High Court Dismisses Petitioners' Challenge to Demolition of Unauthorized Constructions in Splendor Complex. Unauthorized structures built in violation of sanctioned plans and DCR are liable for demolition under Section 53 of MRTP Act, 1966.

The case involves six writ petitions filed by residents of Splendor Complex, JVLR, Andheri (East), Mumbai, challenging the demolition of certain struc...