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Bombay High Court Allows Appeal by Claimants in Railway Accident Case — Holds That Deceased Was a Bona Fide Passenger and Death Was Accidental. The Tribunal Erred in Dismissing Claim on Grounds of Untruthful Evidence and Failure to Prove 'Accidental Falling' Under Section 124A of the Railways Act, 1989.

The present appeal was filed by the original applicants, the widow and minor children of Jagannath Vibhute, challenging the judgment and award dated 1...

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Bombay High Court Quashes Detention Order Under COFEPOSA for Non-Application of Mind and Non-Supply of Vital Documents. Detenu's Right to Make Effective Representation Under Article 22(5) of Constitution Violated as Statements of Co-Accused Not Furnished.

The petitioner, brother-in-law of the detenu Burhan Fakhruddin Khatumdi, challenged a detention order dated 27.3.2015 passed by the Principal Secretar...

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Bombay High Court Allows Parents' Appeal in Railway Accident Compensation Case — Holds That 'Accidental Falling' Includes Falling Due to Dizziness or Fits, Not Only Bumping Against Objects. Tribunal Erred in Narrow Interpretation of 'Accidental Falling' Under Section 124A of Railways Act, 1989.

The appellants, parents of the deceased Arvind Sanas, filed an appeal against the judgment of the Railway Claims Tribunal, Mumbai Bench, which dismiss...

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Bombay High Court Allows Appeal in Railway Accident Claim Case — Sets Aside Tribunal's Dismissal for Erroneous Application of Res Ipsa Loquitur. Parents and Minor Daughter of Deceased Passenger Who Fell from Train Entitled to Compensation Under Section 124A of Railways Act, 1989.

The appeal arises from a judgment of the Railway Claims Tribunal, Nagpur, dated 23 January 2019, dismissing the claim application filed by the appella...

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Supreme Court Restores Conviction in Murder Case Based on Child Witness and Circumstantial Evidence. Section 106 of Evidence Act Shifts Burden on Husband for Wife's Death in Matrimonial Home.

The State of Madhya Pradesh appealed against the acquittal of Balveer Singh by the High Court of Madhya Pradesh. The case involved the murder of Biren...

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Bombay High Court Allows Appeal in Railway Accident Claim Case — Sets Aside Tribunal's Dismissal for Non-Prosecution. Held that the Tribunal erred in dismissing the claim application for default without considering the merits, and the matter must be restored for fresh adjudication.

The appellant, Mohd. Saber s/o Mohd. Illyas, filed a claim application before the Railway Claims Tribunal, Nagpur Bench, seeking compensation for inju...