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Bombay High Court Acquits Doctor in Medical Negligence Case Due to Lack of Gross Negligence. Death During Surgery Not Sufficient for Criminal Liability Under Section 304A IPC Without Proof of Recklessness.

The case arises from the death of Prakash Parekh, a young man who underwent a surgical procedure performed by Dr. Anil Pinto on 20/02/1984. The compla...

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Bombay High Court Dismisses Second Appeal in Possession Suit, Upholds Concurrent Findings for Specific Performance. Concurrent findings of fact under Section 100 of Code of Civil Procedure, 1908 cannot be interfered with in second appeal as no substantial question of law arose.

The appellants, as plaintiffs, instituted Special Civil Suit No.72 of 2014 seeking possession of suit lands. They claimed that vide two agreements dat...

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Bombay High Court Partly Allows Municipal Council's Petition in Daily Wager Reinstatement Case — Full Backwages Denied. Reinstatement with continuity upheld but backwages set aside as employees failed to prove unemployment under Industrial Disputes Act, 1947.

The Municipal Council, Rajura, filed three writ petitions challenging the orders of the Labour Court, Chandrapur, and the Industrial Court, Maharashtr...

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Bombay High Court Allows Appeal of Teacher in Primary School Termination Case — MEPS Act Applies to Primary Schools Recognized Under Bombay Primary Education Act. School Tribunal Has Jurisdiction to Entertain Appeal Under Section 9 of MEPS Act, 1977.

The case involves an appeal by Smt. Komal Rugwani, an assistant teacher at Jhulelal Trust School, a private primary school recognized by the Ulhasnaga...

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Bombay High Court Allows Tenants' Petition Against Demolition of Building Declared Dilapidated — Municipal Corporation Directed to Follow Procedure Under MMC Act Before Demolition. Tenants' Right to Hearing Upheld Under Sections 354 and 488 of Mumbai Municipal Corporation Act, 1888.

The petitioners, eleven tenants residing in a building called Habib Terrace in Kurla, Mumbai, filed a writ petition challenging a notice issued by the...

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Bombay High Court Partially Allows Arbitration Petition Challenging Arbitral Award in Land Acquisition Compensation Dispute. Court holds that arbitrator erred in rejecting claim for interest on delayed payment of compensation and in not awarding solatium under the Land Acquisition Act, 1894.

The petitioners, Kekobad Dossabhoy Doongriwalla and Khorshed Navzar Wadia, filed an arbitration petition under Section 34 of the Arbitration and Conci...