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Bombay High Court at Goa Quashes Disciplinary Proceedings Against Police Personnel for Violation of Natural Justice and Lack of Evidence. Inquiry conducted without proper opportunity to cross-examine witnesses and based on inadmissible evidence held unsustainable.

The judgment concerns four writ petitions filed by police personnel (three police constables and one assistant sub-inspector) challenging disciplinary...

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Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Insurer Liable to Pay Compensation Despite Driver's Invalid License. Pay and Recover Principle Applied as Insurer Must Compensate Third Party and Recover from Owner.

The case arises from a motor accident claim filed by the respondent no.1 (original applicant) before the Motor Accident Claims Tribunal (MACT), Pune. ...

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Bombay High Court Dismisses Petition Challenging Belated Production of Power of Attorney in Civil Suit. Foundational Pleadings Not Required at Production Stage; Trial Court's Discretion Upheld with Costs.

The petitioners, legal heirs of the original deceased defendant no.1 in Special Civil Suit No.222/2009, challenged the trial court's order dated 29.07...

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Bombay High Court Dismisses Challenge to Arbitral Award in Steel Coils Supply Dispute — Non-Conforming Goods Justify Rejection and Damages. The court upheld the arbitral award granting damages for breach of contract where goods did not meet specifications under the contract for sale of goods.

The petitioner, JSW Steel Ltd., challenged an arbitral award dated 28th May 2013 under Section 34 of the Arbitration and Conciliation Act, 1996. The d...

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Bombay High Court Dismisses Appeal in Cheque Dishonour Case Due to Lack of Proper Service of Notice Under Section 138 of Negotiable Instruments Act, 1881. Complainant Failed to Prove That Notice Was Sent to Correct Address of Accused, Leading to Dismissal of Complaint.

The case involves a complaint under Section 138 of the Negotiable Instruments Act, 1881, filed by M/s. General Detergents (the appellant/complainant) ...

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Bombay High Court Allows Appeal in Trademark Infringement Case — Injunction Set Aside Due to Vague Pleadings and Lack of Prima Facie Case. The court held that without proper proof of trademark ownership and clear pleadings, an interim injunction cannot be granted under the Trade Marks Act, 1999.

The case involves an appeal against an interim injunction granted by the Principal District Judge, Pune, restraining the appellants from using the tra...

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Bombay High Court Allows Appeal in Unfair Labour Practice Case — Reinstatement with Back Wages Granted for Illegal Termination. Workman's Dismissal Without Proper Enquiry and Without Compliance with Section 25F of Industrial Disputes Act, 1947 Held Illegal.

The appellant, Chandrashekhar Chintaman Vaidya, was employed by the respondent, National Organic Chemical Industries Ltd., as a workman. He was dismis...

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Bombay High Court Allows Wife's Maintenance Revision Under Section 125 CrPC — Marriage Presumed Valid Despite Husband's Denial. Long Cohabitation for 25 Years Raises Presumption of Marriage, Husband's Bare Denial Without Evidence Insufficient to Rebut.

The revision applicant, Sewanta w/o Kashinath Warati, filed a criminal revision before the Bombay High Court, Nagpur Bench, challenging the order of t...

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Bombay High Court Dismisses Suit for Damages for Breach of Contract — Plaintiff Failed to Prove Valid Contract and Damages. Cotton Corporation of India's claim for Rs.94,77,722.60 against Bombay Dyeing for non-lifting of cotton rejected as no binding contract was established and damages were not proved.

The plaintiff, The Cotton Corporation of India Limited, a government-owned canalising agent for import of cotton, filed a suit against The Bombay Dyei...