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Bombay High Court Allows Appeal in Land Acquisition Case — Compensation Enhanced from Rs.275-300 to Rs.500 per sq.m. Based on Comparable Sale Deed and Development Potential. Market Value Determined Under Section 23 of Land Acquisition Act, 1894, with 20% Deduction for Development Charges.

The appellant, Nisar Ahmed Ramzan Momin, owned two plots of land in Village Nizampur, Bhiwandi, Thane, which were acquired by the State for a developm...

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Bombay High Court Dismisses Suit for Short Delivery in Multimodal Transport Due to Limitation Under Carriage of Goods by Sea Act, 1925. The court held that the suit filed beyond one year from delivery was time-barred and plaintiff failed to prove short delivery.

The plaintiff, M/s. Assobhai Bhanji and Sons, a registered partnership firm engaged in import and export of dairy and agro products, filed a suit agai...

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Bombay High Court Dismisses Petitions Challenging Industrial Court Orders in Labour Dispute — Upholds Interim Relief Granted to Union Under Section 30(2) of MRTU & PULP Act, 1971. Industrial Court Has Jurisdiction to Grant Interim Relief Without First Deciding Maintainability of Complaint.

The case involves four writ petitions filed by industrial companies (M/s Saklecha Steel Industries Pvt. Ltd., M/s Sudesh Steel Industries Pvt. Ltd., M...

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Bombay High Court Dismisses Writ Petition Challenging Refusal to Decide Non-Joinder Issue as Preliminary Issue. Order 14 Rule 2 CPC does not mandate preliminary determination of mixed questions of law and fact.

The petitioners, who were original defendants in a civil suit for damages filed by the respondents, challenged the Trial Court's order refusing to dec...

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Bombay High Court Allows Appeal in Motor Accident Claim Case Due to Non-Joinder of Driver Not Fatal. Tribunal's dismissal of claim petition for non-impleadment of driver set aside as driver is not a necessary party under Motor Vehicles Act, 1988.

The appeal was filed against the rejection of a claim petition by the Motor Accident Claims Tribunal, Wardha. The claim petition was filed by the pare...

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Bombay High Court Allows Letters Patent Appeal in Partition Suit Due to Non-Compliance with Order 41 Rule 31 CPC. Appellate Court's Judgment Set Aside for Failure to Frame Points for Determination and Provide Reasons.

The case arises from a Letters Patent Appeal against a judgment dated 2nd February 1988 passed by a learned Single Judge of the Bombay High Court in F...

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Bombay High Court Allows Letters Patent Appeal in Partition Suit Due to Non-Compliance with Order 41 Rule 31 CPC. Appellate Court's Judgment Set Aside for Failure to Frame Points for Determination and Provide Reasons.

The case involves a Letters Patent Appeal arising from a judgment dated 2nd February 1988 passed in First Appeal No.4 of 1978 by a learned Single Judg...

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Bombay High Court Dismisses Management's Challenge to School Tribunal Order for Reinstatement of Peon in Service Dispute. Termination of Employee Without Prior Approval Under Section 5 of M.E.P.S. Act, 1977 Held Illegal, Reinstatement Upheld.

The judgment pertains to two writ petitions filed by the management of Shubham Bahuuddeshiya Shikshan Sanstha and Swamy Vivekanand High School challen...