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Bombay High Court Dismisses Petitions Challenging Termination of Highway Construction Contracts for Non-Compliance with Contractual Conditions. Court upholds termination based on failure to achieve prescribed milestones and maintain financial solvency under the National Highways Act, 1956.

The judgment involves two writ petitions filed by construction companies challenging the termination of contracts awarded by the Ministry of Road Tran...

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Bombay High Court Holds Service of Writ of Summons Without Copy of Plaint Invalid in Commercial Suits Under Commercial Courts Act, 2015 — Time for Filing Written Statement Does Not Run Until Proper Service Effected.

The judgment addresses an interim application by the defendant, Metso India Pvt Ltd, in a commercial suit filed by Atlanta Limited. The core issue was...

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Bombay High Court Allows Appeal in Railway Accident Case — Deemed Accidental Fall as Untoward Incident Under Section 123(c)(2) of Railways Act, 1989. Mother of Deceased Granted Compensation as Sole Dependent Despite Absence of Ticket, as Tribunal Erred in Concluding Unauthorized Presence.

The appellant, Smt. Rekha Dilip Sapkale, mother of the deceased Akash Dilip Sapkale, filed a claim before the Railway Claims Tribunal, Mumbai, seeking...

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Bombay High Court Allows Petition Challenging Policy Circulars in SEIS Benefits Case — Circulars Imposing Additional Conditions for Service Providers Held Ultra Vires. Shipping Agent Entitled to SEIS Benefits as Service Provider Under Foreign Trade Policy.

The petitioner, Atlantic Shipping Private Limited, a shipping agent providing port services and logistical support to foreign clients, challenged the ...

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Bombay High Court Allows Appeal in Railway Accident Claim Case — Deemed Fall from Train as Untoward Incident Under Section 124A of Railways Act, 1989. Recovery of Valid Monthly Season Ticket from Deceased's Body Establishes Bona Fide Passenger Status, Reversing Tribunal's Finding of Trespass.

The appellants, parents of the deceased Milind Balaram Sakpal, filed a claim for compensation under Section 124A of the Railways Act, 1989, alleging t...

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Bombay High Court Dismisses Petition Challenging Government Resolution Requiring Employment of Mathadi Hamals for Handling Food Grains at Government Godowns. Clauses 8 and 9.1 of GR dated 08.05.2018 are valid and not violative of Articles 14 and 19(1)(g) of the Constitution.

The petitioner, Shri Ganesh Goods Transport Company, a contractor registered with the Mathadi Board under the Maharashtra Mathadi, Hamal and Other Man...

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Bombay High Court Quashes Criminal Proceedings Against WhatsApp Group Administrator for Inaction on Abusive Posts. Administrator Not Criminally Liable Under Section 354-A IPC or IT Act for Failure to Remove or Delete Offending Member from Group.

The applicant, Kishor Tarone, was the administrator of a WhatsApp group. Accused No.1 used filthy language against the non-applicant No.2 (complainant...

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Bombay High Court Dismisses Writ Petitions Challenging Coastal Zone Violation Orders Due to Alternative Remedy Under NGT Act. Petitioners failed to establish pre-1991 construction and could not bypass statutory appeal under Section 22 of the National Green Tribunal Act, 2010.

The judgment concerns two writ petitions filed by Prasad Naik and Rosalina de Souza against orders of the Goa Coastal Zone Management Authority (GCZMA...

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Bombay High Court Allows Appeal in Railway Accident Claim Case — Deemed Death Due to Accidental Fall from Train as Untraced Ticket Not Fatal to Claim. Presumption of valid ticket under Section 124A of Railways Act, 1989 applies when deceased was a bona fide passenger and no contrary evidence exists.

The appellants, being the widow, minor sons, and mother of the deceased Santosh Dadarao Devtale, filed a claim application before the Railway Claims T...