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Bombay High Court Acquits Doctor in Medical Negligence Case Due to Lack of Gross Negligence. Death During Surgery Not Sufficient for Criminal Liability Under Section 304A IPC Without Proof of Recklessness.

The case arises from the death of Prakash Parekh, a young man who underwent a surgical procedure performed by Dr. Anil Pinto on 20/02/1984. The compla...

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Bombay High Court Dismisses Petitions Challenging Industrial Dispute Reference Under Section 10 of Industrial Disputes Act, 1947 — Government's Satisfaction for Reference Not Open to Judicial Review on Merits.

The judgment pertains to two writ petitions filed by Harinagar Sugar Mills Ltd. and Shangrila Food Products Ltd. challenging the order of reference ma...

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Bombay High Court Allows Petition Challenging MCZMA's Refusal of CRZ Clearance for Occupancy Certificate. MCZMA cannot refuse clearance on ground of mismatch between DCR 1991 and DCR 1967 when construction was lawfully permitted under DCR 1991.

The petitioner, MRK Enterprises, a partnership firm, owned a property known as 'Amir House' at Colaba, Mumbai. The petitioner sought a Coastal Zone Re...

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Bombay High Court Allows Writ Petition of Deputy Registrars Challenging Recovery of Excess Salary Due to Mistaken Pay Rule Interpretation. Court holds that recovery of excess payments made without employee fault violates Article 300A of the Constitution and principles of equity.

The petitioners, eight former and current Deputy Registrars of the Bombay High Court, filed a writ petition challenging the decision of the Registrar ...

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Bombay High Court Allows Appointment of Sole Arbitrator in Will Dispute Between Surviving Heirs. Arbitration clause in last Will and testament of deceased father invoked for disputes over locker jewellery allegedly removed by respondent.

The applicant, Ashwin Maganlal Savani, filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of a S...

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Bombay High Court Allows Lapse of Reservation Under Section 127 of MRTP Act for Land Reserved for Garden Since 1976 — Award Under Section 23 of RFCTLARR Act 2013 Quashed as Acquisition Not Completed Within Statutory Period

The petitioners, owners of land in Kankavali, challenged the reservation of their land for a garden under the Maharashtra Regional and Town Planning A...

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Bombay High Court Dismisses Revenue's Appeal in Income Tax Case Regarding Deductions Under Sections 36(1)(vii) and 36(1)(iii) of the Income Tax Act, 1961. Tribunal's order setting aside Commissioner's revision under Section 263 upheld as Assessing Officer had made proper inquiries and formed an opinion.

The appeal was filed by the Pr. Commissioner of Income Tax-14, Mumbai (appellant-revenue) under Section 260-A of the Income Tax Act, 1961, against the...