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Bombay High Court Allows Second Appeal and Remands Matter to Trial Court for Framing Issue of Undue Influence — Lower Appellate Court Erred in Setting Aside Compensation Without Cross-Objection

The appellant, Ramesh Radkabhai Vartha, filed Regular Civil Suit No. 15 of 2001 seeking specific performance of an agreement or in the alternative, co...

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Bombay High Court Dismisses Petition Alleging Illegal Detention by Police Officer — No Credible Evidence of Custodial Abuse Found. Petitioner Failed to Prove Detention Despite Claiming Two-Day Custody Without Reason.

The petitioner, Fayyaz s/o Shamshoddin Attar, filed a criminal writ petition seeking directions to take action against respondent No. 5, Assistant Pol...

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Bombay High Court Declares Police Detention Illegal, Awards Compensation for Violation of Article 21. Unauthorized Custody of Husband at Wife's Parental Home Without Arrest or Remand Constitutes Illegal Detention.

The petitioner, Satish Salvi, filed a criminal writ petition seeking a declaration that his detention by police officers from 15:00 hours on 12 April ...

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Bombay High Court Dismisses Employer's Challenge to Labour Court Compensation Award as Infructuous — Workman's Legal Heirs Withdrew Deposited Amount. Industrial Dispute Compensation of Rs.50,000/- Already Paid, Petition Becomes Moot.

The petitioner, Chief Executive Officer of Zilla Parishad, Jalgaon, challenged the judgment and award dated 2.8.1993 passed by the Labour Court, Jalga...

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Bombay High Court Allows Appeal in Motor Accident Claim Case — Thresher Attached to Tractor Not a Motor Vehicle Accident Under Section 163A of Motor Vehicles Act, 1988. Agricultural Labourer's Hand Amputated in Thresher Does Not Arise Out of Use of Motor Vehicle.

The appellant, Krishnaji @ Kisanji Ramaji Tadas, filed a first appeal under Section 173 of the Motor Vehicles Act, 1988, challenging the judgment date...

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High Court of Bombay at Goa Dismisses Appeal in Land Acquisition Case — No Enhancement of Compensation for Acquired Land. Appellants failed to prove entitlement to enhanced market value of Rs.2500 per sq. metre under Section 18 of the Land Acquisition Act, 1894.

The appellants, owners of land acquired for road construction in Margao, Goa, challenged the compensation awarded by the Land Acquisition Officer at R...

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Bombay High Court Allows Appeal in Air Crash Compensation Case — Enhances Damages for Bungalow Destruction. Compensation for property damage must be based on cost of reconstruction and actual loss, not market value, under tort law principles.

The appellants, Thota Sayyed and his wife Shamshad Sayyed, owned a newly constructed residential bungalow in Goa. An air crash occurred, causing the c...

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High Court of Bombay at Goa Allows Appeal in Motor Accident Claim — Widow and Minor Daughters Entitled to Compensation for Death of Pedestrian Hit by Bus. Negligence of Bus Driver Established as Deceased Was Walking on Road After Alighting from Bus.

The present appeal is directed against the judgment and award dated 03.11.2009 passed by the learned Presiding Officer of the Motor Accident Claims Tr...