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Bombay High Court Sets Aside Ex-Parte Award Against Deceased Owner in Motor Accident Claim — Legal Representatives Must Be Impleaded Before Proceeding. Award Passed Against Dead Person Is Nullity Under Motor Vehicles Act, 1988.

The appeal arises from an award dated 23/01/2009 passed by the Motor Accident Claims Tribunal, Amravati, in a claim petition under Section 166 of the ...

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Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Binding. Court holds that first appellate court's reversal of trial court's decree was based on evidence and not perverse under Section 100 CPC.

The appellant, original defendant, filed a second appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the judgment of the first...

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Bombay High Court Dismisses Quashing of Domestic Violence Complaint Against Female Relatives. Definition of 'Respondent' Under Section 2(q) of Protection of Women from Domestic Violence Act, 2005 Includes Adult Female Members of Family.

The applicants, who are adult female members of the family, challenged an order dated 10/3/2014 passed by the Judicial Magistrate, First Class, Nagpur...

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Bombay High Court Allows Defendant to File Written Statement Despite Delay Due to Illness. Liberal Approach Adopted Under Order 8 Rule 1 CPC to Ensure Substantial Justice.

The petitioner, Smt. Asha Hedaoo, was the defendant in Regular Civil Suit No.122 of 2013 pending before the Seventh Joint Civil Judge Junior Division,...

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Bombay High Court Partly Allows Appeal in Land Acquisition Compensation Case — Enhances Rate to Rs.306 per sqm Based on Comparable Sale Deeds. Court Relies on Sale Deed of Adjacent Land to Determine Market Value Under Section 23 of Land Acquisition Act, 1894.

The case arises from a land acquisition proceeding initiated by the Government of Goa for public purposes. The Deputy Collector (Dev) & Land Acquisiti...

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Bombay High Court Dismisses Second Appeal in Mortgage Recovery Suit — No Substantial Question of Law Arises. Transfer of Mortgage Rights Requires Proper Registration Under Section 17 of Registration Act, 1908.

The appellant, Milagres Sales Coutinho, filed a second appeal before the Bombay High Court at Goa challenging the judgment and order dated 22.06.2012 ...