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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 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...

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Bombay High Court Dismisses Workman's Writ Petition Challenging Labour Court Award in Industrial Dispute — Termination Upheld as Workman Failed to Prove 240 Days of Continuous Service. Labour Court's Finding of Fact Not Perverse, No Interference Under Article 226 of Constitution.

The petitioner, Keru Kisan Rokade, was initially appointed on a temporary basis by the respondent, Geoffery Manners & Co. Ltd., Nasik. Although his ap...

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Bombay High Court Dismisses Petition Challenging Consumer Forum Order Against Credit Society for Deficiency in Service. Fixed Deposit Holder is a Consumer Under Section 2(1) of Consumer Protection Act, 1986.

The petitioners, including the Kala Hanuman Urban Credit Society and its directors, challenged an order dated 25 February 2009 passed by the District ...

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High Court of Bombay at Goa Upholds Enhanced Compensation for Land Acquired for Tillari Irrigation Project — Market Value Fixed at Rs. 200 per sqm Based on Comparable Sale Deed. Claimants' Appeal for Further Enhancement Dismissed as Reference Court's Deduction of 20% for Development Was Reasonable.

The judgment arises from two cross-appeals challenging the Award dated 15th September 2005 passed by the Additional District Judge, Fast Track Court, ...

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Bombay High Court Dismisses Petition Challenging Seniority Order in Railway Promotion Dispute. Seniority for Promotion to Non-Selection Post Determined by Date of Passing Trade Test Under Paragraph 315 of Indian Railway Establishment Manual.

The petitioner, Shri Prakash Narayanrao Kolhe, challenged the order of the Central Administrative Tribunal dated 07.06.2000 which held that respondent...