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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 Partially Allows Insurance Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence and Lower Income Assessment. Deceased's contributory negligence assessed at 50% and monthly income reduced from Rs. 15,000 to Rs. 10,000 under Motor Vehicles Act, 1988.

The appeal was filed by the insurer, Go Digit General Insurance Co. Ltd., challenging the award of the Motor Accident Claims Tribunal which had held t...

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Supreme Court Upholds NGT Order Quashing Environmental Clearance for Peripheral Ring Road Due to Stale EIA Data. Primary Data Collected Over Three Years Before Submission Invalidates Clearance Under EIA Notification 2006.

The appeal arose from a judgment of the National Green Tribunal (NGT) dated 8 February 2019 quashing the Environmental Clearance (EC) granted to the B...

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Bombay High Court Acquits Accused in Robbery Case Due to Unreliable Identification and Lack of Corroboration. Conviction under Sections 394 and 397 IPC Set Aside as Testimony of Sole Eyewitness Found Unreliable and Medical Evidence Inconsistent.

The case involves two criminal appeals filed by three accused persons convicted under Sections 394 and 397 of the Indian Penal Code (IPC) for robbery ...

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Bombay High Court Dismisses Petition Challenging Municipal Licensing Requirement for Food Business — Holds That MMC Act and FSS Act Can Coexist Without Repugnancy. Section 394(1)(e) of MMC Act, 1888 is Not Void Under Article 254 as It Operates in a Different Field of Municipal Regulation.

The petitioner, Sanjeev Rajaram Chimbulkar, a food business operator, filed a writ petition under Article 226 of the Constitution before the Bombay Hi...

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Bombay High Court Allows Release of Seized Currency to Petitioners in Railway Police Case — No Link to Offence Established. Section 457 CrPC empowers courts to order interim custody of property when seizure is not connected to any offence, and the person from whom it is seized is entitled to its return.

The petitioners, Ranjitji Gambhirji Thakur and Mitesh Chandrakant Patel, filed a Criminal Writ Petition before the Bombay High Court challenging the o...

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Bombay High Court Allows Discharge Petition in Medical Negligence Case Under Section 304A IPC — Lack of Material to Show Rash or Negligent Act. Court holds that death during anaesthesia without evidence of gross negligence does not constitute culpable homicide not amounting to murder.

The petitioner, Dr. Suvarna Arjun Jaybhaye, a medical practitioner with an MBBS degree and a diploma in Anaesthesia, was the accused in S.C.C. No. 965...