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Bombay High Court Allows CIDCO's Appeal in Motorcycle Accident Case Due to Lack of Negligence Evidence. Speed-breaker constructed without specification not proven as cause of accident; no liability for damages under law of torts.

The case involves a second appeal filed by the Administrator of the City and Industrial Development Corporation (CIDCO) against a judgment of the Addi...

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Bombay High Court Acquits Stepfather in Rape Case Due to Lack of Corroboration and Inconsistent Testimony of Victim. Conviction under Sections 376 and 506(ii) IPC Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt.

The appellant, Sameer Sarkar, was convicted by the Additional Sessions Judge, Goa for offences under Sections 376 and 506(ii) of the Indian Penal Code...

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Bombay High Court Allows Insurance Company's Appeal and Partly Allows Claimants' Appeal in Motor Accident Claim Case — Negligence of Truck Driver Established, Contributory Negligence Not Proved. Claimants awarded enhanced compensation with 6% interest per annum from date of petition.

The judgment arises from two cross-appeals against the award of the Motor Accident Claims Tribunal, Sangli, dated 28 September 2005 in Claim Petition ...

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Bombay High Court Allows Appeal for Enhancement of Compensation in Motor Accident Claim for Minor with 70% Permanent Disablement. Notional Income and Multiplier Applied for Child Claimant Under Motor Vehicles Act, 1988.

The appellant, a minor aged about 4 years at the time of the accident on 27/02/2003, suffered serious injuries when the motorcycle on which he was pil...

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Bombay High Court Acquits Appellant in Attempt to Murder Case Due to Lack of Intent and Inconsistent Evidence. Conviction under Section 307 IPC set aside as the incident arose from a sudden quarrel without premeditation or intention to cause death.

The appellant, Mohammad Azad Alam Diljad Ansari, was convicted by the Additional Sessions Judge, Kalyan, for the offence punishable under Section 307 ...

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Bombay High Court Allows Appeal for Enhancement of Compensation in Motor Accident Claim — Applies Multiplier of 18 and Adds 40% Future Prospects for Deceased Labourer Aged 28 Years. Tribunal's award of Rs. 8,10,000 enhanced to Rs. 14,80,800 with interest at 7.5% per annum.

The appellants, being the widow, minor children, and mother of the deceased Dhondiba Gomaji Daware, filed a claim petition before the Motor Accident C...

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Bombay High Court Acquits Accused in Rape Case Due to Unreliable Testimony of Mentally Ill Victim and Lack of Corroboration. Conviction under Sections 342 and 376 IPC set aside as sole testimony of schizophrenia patient was inconsistent and unsupported by medical or other evidence.

The appellant, Nandlal Zagadu Yadav, was convicted by the Additional Sessions Judge, Greater Mumbai in Sessions Case No.77/2008 for offences under Sec...

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Bombay High Court Dismisses Society's Section 9 Petition for Possession and Injunction Against Developer in Redevelopment Dispute. Court Holds That Disputed Questions of Title and Possession Cannot Be Decided in Summary Proceedings Under Section 9 of the Arbitration and Conciliation Act, 1996.

The judgment concerns two competing petitions under Section 9 of the Arbitration and Conciliation Act, 1996, filed by Rajawadi Arunodaya Co-operative ...