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Bombay High Court Allows Parents' Appeal in Railway Accident Claim — Falling from Crowded Train is Untoward Incident Under Section 123(c)(2) of Railways Act, 1989. Parents Held to be Dependants Entitled to Compensation Despite Lack of Documentary Proof.

The appellants, parents of the deceased Alpesh Arun Dhotre, filed a claim for compensation before the Railway Claims Tribunal after their son died whi...

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Bombay High Court Dismisses Petitions Seeking Mandatory Video Recording of Court Proceedings; Court Finds No Fundamental Right to Such Recording and Leaves Policy Decision to High Court Administration.

The Bombay High Court heard two petitions together: a writ petition by Sunil Shantisarup Gupta and a criminal application by Indur Kartar Chhugani, bo...

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Bombay High Court Quashes Detention Order Under COFEPOSA for Non-Application of Mind and Non-Supply of Vital Documents. Detenu's Right to Make Effective Representation Under Article 22(5) Violated as Statements of Co-Accused Not Furnished.

The petitioner, brother-in-law of the detenu Abdulla Gulam Mustafa, challenged a detention order dated 27.11.2003 issued by the Principal Secretary (A...

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Bombay High Court Allows Appeal in Railway Accident Compensation Case — Parents of Deceased Passenger Entitled to Compensation Under Section 124-A of Railways Act, 1989. Death Caused by Fall from Overcrowded Train Constitutes an Untoward Incident.

The appeal arises from the dismissal of a compensation claim by the Railway Claims Tribunal, Nagpur Bench. The appellants, Shobhabai and Ganesh Gaikwa...

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Bombay High Court Allows Appeal in Railway Accident Case — Deemed Untoward Incident Under Section 123(c)(2) of Railways Act, 1989. Deceased Found to be Bonafide Passenger Based on Recovery of Tickets and Police Report.

The appeal was filed by the original applicants, who are dependents of the deceased Mr. Arogyaraj Chetiyar, challenging an order of the Railway Claims...

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Bombay High Court Allows Appeal in Railway Accident Claim — Deemed Deceased a Bona Fide Passenger Despite Missing Ticket. Burden of Proof on Railways Under Section 124A of Railways Act, 1989 to Show Negligence or Exception.

The appellant, Sm. Mina w/o Punamchand Shahare, filed a claim before the Railway Claims Tribunal, Nagpur Bench, seeking compensation of Rs. 8,00,000/-...

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Bombay High Court Dismisses Bail Application of Accused in UAPA Case on Grounds of Parity and Merits. Parity with co-accused granted bail is not a valid ground when the applicant's role is distinct and the first bail application was rejected on merits.

The applicant, Dr. Gokarakonda Naga Saibaba, filed a second bail application under Section 439 of the Code of Criminal Procedure, 1973, seeking bail i...

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Bombay High Court Quashes CBEC Circular on Service Tax Refund for Exporters — Circular Held Ultra Vires Section 11B of Central Excise Act, 1944 and Section 93 of Finance Act, 1994.

The Bombay High Court, in a batch of writ petitions filed by various companies including Larsen & Toubro Limited, Uhde India Private Limited, Tata Tel...