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Bombay High Court Allows Appeals by Claimants in Motor Accident Claims for Deaths in Autorikshaw Collision with Truck — Negligence of Truck Driver Established, Contributory Negligence Not Proven. Compensation Enhanced with Multiplier 17, Future Prospects, and 7.5% Interest.

The appeals arise from a motor accident claim where three deceased persons (Madhukar Dabhalkar, Kailash Bathe, and Kadusing Rajput) died in a collisio...

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Bombay High Court Upholds Removal of Bank Officer for Misconduct in Loan Transaction. Disciplinary proceedings based on loan of Rs.6,500 sanctioned in 1976 held valid despite delay, as charges of moral turpitude and pecuniary benefit were proved.

The petitioner, Shri Sagar Sadashiv Kasture, was initially appointed as a Clerk in the Central Bank of India on 5 March 1973 and later promoted as an ...

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Bombay High Court Allows Appeal in Specific Performance Suit — Agreement to Sell Not Frustrated by Non-Approval of Layout Plan. Court holds that time was not of the essence and that the purchaser was ready and willing to perform.

The appellant, M/s. Bagadia Builders & Developers, a proprietary concern through its proprietor Shravankumar Purushottam Bagadia, entered into an agre...

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Bombay High Court Upholds Conviction of Seven Accused in Murder Case Under Section 302 IPC Read with Section 149 IPC. Land Dispute Led to Fatal Attack, Eyewitness Testimony and Medical Evidence Found Credible.

The judgment pertains to two appeals arising from the same incident: Criminal Appeal No.936 of 2003 filed by seven convicted accused challenging their...

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Bombay High Court Dismisses Tenant's Petition in Eviction Suit for Arrears of Rent — Slum Area Declaration Does Not Oust Jurisdiction of Small Causes Court Without Prior Permission Under Section 22 of Maharashtra Slum Areas Act.

The petitioner, Hari Dhondu Gurav, was a monthly tenant in a room in Clement D'Souza Chawl, Mumbai, owned by the respondent, Jhonney Augustine Gomes. ...

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Bombay High Court Quashes Criminal Proceedings in Cheque Dishonour Case Due to Lack of Proper Service of Notice Under Section 138 of Negotiable Instruments Act, 1881 — Complainant Failed to Prove Service of Demand Notice on Accused.

The petitioner, Jogen C. Thakkar, filed a criminal writ petition under Article 226 of the Constitution of India read with Section 482 of the Code of C...

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Bombay High Court Allows Father's Petition Challenging Maintenance Enhancement to Daughter Under Section 127 CrPC — Held That Enhancement Requires Proof of Change in Circumstances and Daughter's Inability to Maintain Herself

The petitioner, Sk. Chand, filed a Criminal Writ Petition before the Bombay High Court, Nagpur Bench, challenging the judgment of the Sessions Judge, ...

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Bombay High Court Dismisses Petitions Challenging AAIFR Order Rejecting Revival Scheme for Sick Company Under SICA. The court held that the AAIFR's findings on non-compliance and lack of feasibility were based on evidence and not perverse, thus no interference under Article 226 was warranted.

This group of writ petitions challenges a common order dated 28/5/2010 passed by the Appellate Authority for Industrial and Financial Reconstruction (...

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Bombay High Court Dismisses Petition Challenging Forfeiture of Properties under SAFEMA. Detention Order Under COFEPOSA Validly Triggers SAFEMA Proceedings Despite Non-Execution of Detention and Redemption of Confiscated Currency.

The petitioner, Smt. Yamini S. Bhagwanji, challenged the forfeiture of three immovable properties and certain bank accounts under the Smugglers and Fo...