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Bombay High Court Dismisses Petitions Challenging Demolition of Unauthorized Constructions in Shirdi — Held That No Notice Under Section 53 of the Maharashtra Regional and Town Planning Act, 1966 Is Required Before Demolition of Unauthorized Structures Under Section 52.

The judgment concerns two writ petitions filed by residents of Shirdi challenging the demolition of their structures by the Shirdi Nagar Panchayat. Th...

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Bombay High Court Dismisses Landowners' Petitions for Higher Compensation in Land Acquisition Case Due to Limitation and Lack of Evidence. Petitioners failed to seek reference under Section 18 of the Land Acquisition Act, 1894 within time and did not produce evidence of higher market value.

The case involves multiple writ petitions filed by landowners from Poyanje, Panvel Taluka, Raigad District, challenging the compensation awarded for t...

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Bombay High Court Allows Appeal in Railway Accident Case — Claimant Entitled to Compensation for Loss of Both Legs. Untoward Incident Under Section 124A of Railways Act, 1989 — Standing Near Door in Crowded Compartment Not Negligence.

The appellant, Ravichand Khurchankar, a 26-year-old student, was travelling by Howrah-Ahmedabad Express from Gondia to Nagpur on 7 July 2002. Due to o...

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Bombay High Court Allows Appeal in Motor Accident Claim — Sets Aside Ex-Parte Decree Due to Invalid Service of Summons. Service by affixture without prior attempt at personal service held invalid under Order V Rule 17 CPC, and ex-parte decree set aside under Order IX Rule 13 CPC.

The appellant, M/s Arjun Travels, a sole proprietorship concern, was the owner of a vehicle involved in a motor accident. The respondents, being the l...

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Supreme Court Sets Aside NGT Order Directing Reconsideration of SPCB Appointments, Holds NGT Exceeded Jurisdiction. State Governments Urged to Make Appointments with Due Care in Light of Article 48A and Environmental Principles.

Background: The case involved a batch of civil appeals filed before the Supreme Court against a judgment and order dated 24 August 2016 passed by the ...

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High Court Dismisses/Allows Bail to Accused in Murder Case Involving Conspiracy and Long Detention Without Trial. Scope of Section 439 CrPC and Article 21 right to speedy trial evaluated in context of parity with co-accused and threat perception.

The criminal petition was filed by accused Nos. 3 and 4 under Section 439 of the Code of Criminal Procedure, 1973 seeking bail in connection with Crim...

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Bombay High Court Decides Arbitration Petition Challenging Award in Advertising Rights Tender Dispute. Court Examines Arbitral Award Under Section 34 of the Arbitration and Conciliation Act, 1996.

The arbitration petition arose from a tender floated by Brihanmumbai Electric Supply and Transport Undertaking (BEST) on 9 November 2018 for allotment...

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Bombay High Court Upholds Life Conviction for Father in Rape of Minor Daughter. Testimony of victim and medical evidence sufficient to sustain conviction under Section 376(2)(i) and (n) IPC for repeated rape of 15-year-old daughter by father.

The appellant, Sayyad Shabbir Sheikh, was convicted by the Additional Sessions Judge, Vasai, for offences under Section 376(2)(i) and (n), 323, and 50...