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Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Negligence of Insured Vehicle Driver Proved. Insurance Company Liable to Pay Compensation as No Breach of Policy Conditions Established.

The case arises from a motor accident claim filed by the heirs of Ganesh Vinayak Gavhane, who died in a collision on 15 June 2012. The deceased was a ...

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Bombay High Court Upholds Maintenance for Wife and Daughters Under Domestic Violence Act Despite Prior Divorce Decree. Cohabitation After Divorce and Subsequent Second Marriage Constitute Domestic Violence Under Section 3 of the Protection of Women from Domestic Violence Act, 2005.

The case involves a criminal revision application filed by Atmaram Sanap challenging concurrent orders of maintenance passed under the Protection of W...

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Bombay High Court Dismisses Second Appeals in Adoption Dispute — Holds Adoption Valid Despite Caste Allegations. Court finds that adoption of a daughter's son by a widow is valid under Hindu law and that the parties were not 96 Kuli Marathas, thus no prohibition applied.

The case involves two second appeals arising from a judgment in two suits concerning the validity of an adoption. The appellants, Baburao Marutrao Man...

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Bombay High Court Dismisses Petitions Challenging Medical College Admission Process — Upholds Institutional Preference and Reservation Policy. Institutional preference by minority unaided medical colleges is permissible under Article 30(1) of the Constitution and does not violate Article 14.

The judgment involves multiple writ petitions filed by students challenging the admission process for MBBS/BDS courses in medical colleges in Maharash...

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Bombay High Court Allows Second Appeal in Specific Performance Suit — Upholds Agreement to Sell Despite Non-Payment of Balance Consideration. Court Holds That Time Was Not of Essence in Absence of Express Stipulation and That Possession Delivered Under Agreement Constitutes Part Performance.

The dispute arose out of an agreement to sell dated 1st June 1978 executed by the original defendant No.2 (since deceased, represented by appellants) ...

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Bombay High Court Dismisses Husband's Appeal Against Enhanced Maintenance in Family Court Appeal No. 43 of 2002. Section 25 of Hindu Adoption and Maintenance Act, 1956 Allows Variation of Maintenance Orders on Change in Circumstances, and Enhancement from Rs.1000/- to Rs.2500/- per Month Was Justified.

The appellant-husband challenged the judgment and order of the Family Court at Bandra, which enhanced maintenance payable to the respondent-wife and t...

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Bombay High Court Allows Appeal in Motor Accident Claim Case — Appellant Not Liable as Deceased Was Not His Employee. Employer-Employee Relationship Not Established Under Motor Vehicles Act, 1988 Section 166.

The case arises from a motor accident claim petition filed by the legal representatives of deceased Vitthal Korde, who died in a road accident on 21/1...