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Bombay High Court Allows Land Acquisition Appeals for Proper Market Value Determination. Reference Court's award based on averages set aside; matter remanded for fresh consideration of comparable sale instances and prior awards.

The judgment pertains to two First Appeals arising from land acquisition proceedings. The appellants, Dattatraya Ramchandra Chinchalikar through his l...

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Bombay High Court Enhances Compensation for Deceased Daily Wage Earner in Motor Accident Claim — Multiplier Based on Deceased's Age, Future Prospects, and Filial Consortium Granted. Employer's Non-Compliance with Labour Laws Not Determinative of Employment; Preponderance of Probabilities Standard Applied.

The appellants, parents and brother of 19-year-old Sagar Gavade, filed a First Appeal against the judgment and award of the Motor Accident Claims Trib...

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Bombay High Court Dismisses Revision Applications Against Rejection of Order 7 Rule 11 CPC Plea in Suit for Recovery and Declaration. Plaint Discloses Cause of Action and is Not Barred by Limitation or Res Judicata Under Order 7 Rule 11 of Code of Civil Procedure, 1908.

The judgment arises from two Civil Revision Applications filed against orders passed by the trial court rejecting applications under Order 7 Rule 11 o...

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Bombay High Court Allows Writ Petition Challenging Appellate Court's Order Granting Injunction in Property Dispute — Held That Trial Court's Refusal of Injunction Was Correct as Plaintiff Failed to Establish Prima Facie Case of Ownership Over Disputed D.P. Road Area.

The present writ petition was filed by the defendants (petitioners) challenging the judgment and order dated 28.09.2022 passed by the learned District...

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Bombay High Court Allows Appeal in Motor Accident Claim Case — Negligence of ST Bus Driver Established, Compensation Enhanced from Rs. 50,000 to Rs. 2,50,000. Tribunal's Finding of Contributory Negligence Set Aside as Perverse Under Motor Vehicles Act, 1988.

The appeal was filed by the original claimants (widow and minor children of deceased Baban Patil) against the judgment and order of the Motor Accident...

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Bombay High Court Quashes Externment Order in Maharashtra Police Act Case — Failure to Supply In-Camera Statements Violates Natural Justice. Show-Cause Notice Must Disclose Substance of Secret Witness Statements to Enable Effective Reply Under Section 56(1)(a) of Maharashtra Police Act, 1951.

The petitioner, Suyog Gajanan Aundhkar, challenged an externment order passed by the Sub-Divisional Magistrate, Walwa Region, Islampur, under Section ...

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Bombay High Court Acquits Accused in Murder Case Due to Unreliable Identification. Conviction under Sections 302, 324, 452 IPC Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt.

The appellant, Sadashiv Basappa Madgyal, was convicted by the Additional Sessions Judge, Sangli, for offences under Sections 302, 324 and 452 of the I...

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Bombay High Court Upholds Conviction of Husband and Wife for Murder Based on Circumstantial Evidence. Property Dispute Motive and Last Seen Theory Sufficient to Sustain Conviction Under Section 302 IPC.

The case involves two appeals by original accused No.1 (Sunil Shripal Sarde) and accused No.2 (Baby Dipak Pawar) against their conviction under Sectio...