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Bombay High Court Dismisses Application for Condonation of 3014 Days Delay in Filing Appeal — Gross Negligence and Lack of Sufficient Cause. Delay of 3014 days in filing appeal against arbitration order not condoned as applicants failed to explain each day's delay and showed gross negligence.

The applicants, Padmsey Khimji Chheda and another, filed a Notice of Motion seeking condonation of 3014 days delay in filing Appeal (Lodging) No. 569 ...

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Bombay High Court Dismisses Insurer's Appeal, Upholds Inclusion of Salary Allowances in Income for Compensation Calculation Under Motor Vehicles Act. Court Holds That All Allowances Part of Pay Structure Are Includible and Compassionate Appointment Does Not Reduce Dependency Loss.

The appeal arose from a Motor Accident Claims Tribunal award granting compensation of Rs. 50,75,000/- to the widow, minor son, and mother of one Haris...

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Bombay High Court Upholds Daughter's Right to Coparcenary Share Under Amended Section 6 of Hindu Succession Act Despite Father's Death Before 1956 Act. Daughter Granted 1/4th Share in Suit Property as Amendment is Retrospective and Confers Coparcenary Rights from Birth.

The case involves a second appeal before the Bombay High Court challenging the judgments of the trial court and the first appellate court in a partiti...

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Gujarat High Court Dismisses State's Appeal for Condonation of 837-Day Delay Due to Lack of Plausible Explanation — Administrative Apathy Not Sufficient Ground for Condonation Under Section 5 of Limitation Act, 1963.

The State of Gujarat and another (the applicants) filed a Civil Application under Section 5 of the Limitation Act, 1963, seeking condonation of 837 da...

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Bombay High Court Holds Appeals Against Special Court Orders Outside Bench's Territorial Limits Lie Only to Principal Seat. Territorial Jurisdiction Determined by Location of Court, Not Place of Offence Under Chapter XXXI of Bombay High Court Appellate Side Rules, 1960.

The case involved a reference to a Larger Bench of the Bombay High Court at Aurangabad to determine the territorial jurisdiction for appeals against o...

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Bombay High Court Allows Revenue's Appeal in Transfer Pricing Case Due to Non-Application of Mind by ITAT. Tribunal's order set aside for failing to consider the TPO's detailed analysis and rejecting comparables without proper reasoning under Section 92C of the Income Tax Act, 1961.

The appeal was filed by the Pr. Commissioner of Income Tax - 6 under Section 260A of the Income Tax Act, 1961 against the order of the Income Tax Appe...

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High Court of Bombay at Aurangabad Acquits Three Accused in Attempt to Murder Case Due to Unreliable Testimony of Injured Witness and Lack of Corroboration. Conviction under Sections 307, 326, 427, 148 IPC set aside as prosecution failed to prove guilt beyond reasonable doubt.

The case arises from an incident where the complainant, Khawaja Iqbaluddin (PW1), alleged that on 25th September 2003, at around 8:30 p.m., while he w...

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Bombay High Court Upholds Conviction of Accused Under Section 302 IPC Based on Circumstantial Evidence and Child Testimony in a Strangulation Case. Medical Evidence Proved Death Due to Strangulation, Not Hanging, and the Chain of Circumstances Established Guilt Beyond Reasonable Doubt.

The Bombay High Court dismissed the criminal appeal against the conviction of the appellant under Section 302 of the Indian Penal Code. The case arose...