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Bombay High Court Dismisses Petition Challenging MHADA Housing Allotment — Petitioner's Challenge to Eligibility of Allottees Fails. Court holds that MHADA's decision to allot flats to respondents was within its administrative discretion and not arbitrary under Article 226.

The petitioner, Ved Prakash Gupta, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court challenging the a...

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Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence of Deceased. Deceased motorcyclist found 50% negligent for not wearing helmet and causing accident with truck, reducing insurer's liability under Motor Vehicles Act, 1988.

This appeal arises from a motor accident claim where the deceased, Sanjay Patil, died in a collision between his motorcycle and a truck. The claimants...

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Bombay High Court Quashes Pre-deposit Condition in NI Act Appeal for Lack of Reasons. Section 148 NI Act Order Set Aside as Arbitrary, Directs Reconsideration Without Pre-deposit.

The petitioner, Nurallah Kamruddin Veljee, was convicted under Section 138 of the Negotiable Instruments Act, 1881 by the Trial Court and sentenced to...

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Supreme Court Allows Appeals in Special Court Act Case — Garnishee Orders Set Aside for Lack of Proof of Liability. Loans taken from benami companies before notification under Special Court Act cannot be recovered from borrowers without evidence of outstanding debt.

The appeals arose from orders of the Special Court, Bombay, under the Special Court (Trial of Offences relating to transactions in Securities) Act, 19...

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Supreme Court Allows Appeal Against Interim Compensation Order Under Section 143A NI Act for Pre-Amendment Offences. Section 143A of the Negotiable Instruments Act, 1881, is Prospective and Cannot Apply to Complaints Filed Before Its Insertion on 1 September 2018.

The case arose from a complaint under Section 138 of the Negotiable Instruments Act, 1881, filed in 2016 against the appellant G.J. Raja by the respon...

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Bombay High Court Allows Appeals by Complainant's Widow in Cheque Dishonour Cases, Restoring Complaints Dismissed for Non-Prosecution. Held that the Magistrate erred in dismissing complaints under Section 256 CrPC without considering the death of the original complainant and the request for substitution.

The appellant, Smt. Nirmal Dewan, is the widow of Shri Trilok Dewan, who had filed three separate complaints against the respondent, Anand Shroff, all...

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High Court of Karnataka Dismisses Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Agreement to Sell Not Proved as Plaintiff Failed to Examine Attesting Witnesses and Handwriting Expert, and Suit Property Not Identified.

The appellant, M/s. Jamnalal Bajaj Seva Trust, filed a Regular First Appeal under Section 96 of the CPC against the judgment and decree dated 30.04.20...