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Bombay High Court Partly Allows Insurer's Appeal Reducing Compensation for Death of Two-Year-Old Child in Motor Accident. Notional Income Method Under Section 163A of Motor Vehicles Act, 1988 Cannot Be Applied Retrospectively to Accidents Occurring Before Its Enactment.

The case arises from a motor accident claim where a two-year-old child, Shudhodhan, died after a tractor-trolley driven in reverse dashed against the ...

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Bombay High Court Dismisses Petition Challenging ESI Act Applicability to Bidi Manufacturer. Definition of Factory Under Section 2(12) ESI Act Includes Premises with Power-Aided Manufacturing Process, Home Workers Are Employees.

The petitioner, M/s. Ramchand Onkarlal Agarwal, a bidi manufacturer in Kamptee, Nagpur, challenged the applicability of the Employees' State Insurance...

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Bombay High Court Allows Writ Petition Challenging Election of Corporators for Non-Compliance with Reservation Rotation Policy. Failure to rotate reserved seat for Scheduled Caste women violates Article 243T of the Constitution and Maharashtra Municipal Corporations Act, 1949.

The petitioner, Priya Shivaji Gadade, filed a writ petition under Article 226 of the Constitution of India challenging the election of respondents 1 t...

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Bombay High Court Upholds Life Sentence for Husband in Murder Case Based on Circumstantial Evidence. Conviction under Section 302 IPC for killing wife sustained as chain of circumstances including motive, last seen together, and recovery of weapon was complete.

The appellant, Kistanna s/o Nama Mugawar, was convicted under Section 302 of the Indian Penal Code, 1860 for the murder of his wife Padmabai and sente...

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Bombay High Court Allows Appeal Against Order Rejecting Plaint in Suit for Injunction and Declaration — Dispute Over Common Passage in Residential Building. Court Holds That Disputed Passage Is Not an 'Open Space' Under MOFA Section 1A(e) and That the Suit Is Not Barred by Limitation or Res Judicata.

The appellants, Zenobia R. Poonawala and Rohinton Poonwala, are residents of Flat No.9 in Rutton Manor, a residential building in Colaba, Mumbai. They...

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Bombay High Court Allows Appeal for Enhanced Compensation in Motor Accident Injury Claim — Tribunal's Award of Rs.15 Lakhs Enhanced to Rs.27 Lakhs for 70% Disabled Mechanical Engineer. Loss of Earning Capacity Reassessed with 50% Future Prospects and Multiplier of 14 Under Motor Vehicles Act, 1988.

The appellant, Pratap Dandapani Padhi, a 43-year-old Mechanical Engineer working as a Foreman at Sunflag Iron & Steel Company Limited with a monthly s...

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Bombay High Court Allows Wife and Son's Maintenance Claim Under Section 125 CrPC Despite Husband's Offer to Maintain Wife on Condition of Living with Him. Wife's Refusal to Cohabit Due to Cruelty and Illegal Demands Held Justifiable, Entitling Her to Separate Maintenance.

The case involves a criminal revision application filed by Jyoti Bhojne (wife) and her minor son Aadarsh Bhojne against Tukaram Bhojne (husband/father...

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Bombay High Court Acquits Accused in Dowry Harassment and Abetment to Suicide Case Due to Lack of Evidence of Cruelty and Instigation. Demand for Gold Ring Not Proven to be Cruelty Under Section 498-A IPC and No Proximate Link to Suicide Under Section 306 IPC.

The case pertains to the death of Mangal, who was married to appellant No.1 Balasaheb Shinde about four years prior to her death. She died by suicide ...