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Bombay High Court Allows Appeal in Motor Accident Claim — Pillion Rider Covered Under Section 163-A of Motor Vehicles Act, 1988. Held that the expression 'any person' in Section 163-A includes a pillion rider and that the petition is maintainable even in a hit-and-run case.

The appellant, Lalita wd/o Rajkumar Sawalkar, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, which was later converted to a...

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Bombay High Court Allows Second Appeal in Land Encroachment Suit — Remands for Fresh Consideration Due to Failure to Frame Points for Determination. The appellate court's judgment was set aside for non-compliance with Order 41 Rule 31 CPC, and the matter was remanded for fresh disposal.

The original plaintiff (since deceased, represented by his legal heir) filed a suit for removal of encroachment against defendant nos.1 and 2, claimin...

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High Court of Karnataka Quashes Merger Notification of APMC Devadurga with APMC Raichur for Violation of Natural Justice. Notification under Section 5(1) of Karnataka Agricultural Produce Marketing (Regulation and Development) Act, 1966 set aside as no opportunity of hearing was given to affected parties.

The petitioners, including individual residents and a cotton merchants association, challenged a notification dated 27.04.2017 issued by the State of ...

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Bombay High Court Allows Appeal in Motor Accident Claim Case Due to Erroneous Finding of Negligence and Inadequate Compensation. Deceased pedestrian hit by auto rickshaw; court held that the driver was negligent and enhanced compensation under Motor Vehicles Act, 1988.

The case arises from a motor accident claim filed by the legal heirs of Arjun Bhalekar, who died in a vehicular accident on 29.9.2010. The deceased wa...

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Bombay High Court Allows Appeal in Partition Suit — Co-owner Cannot Claim Adverse Possession Without Ouster. Preliminary Decree Set Aside for Failure to Determine Shares Under Hindu Succession Act.

The present appeal arises from a partition suit filed by the respondent (original plaintiff) against the appellant (original defendant) concerning anc...

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Bombay High Court Quashes Criminal Proceedings Against Public Servant for Lack of Sanction Under Section 197 CrPC. Applicant, a Deputy Registrar, was prosecuted for alleged offences under Sections 406, 420, 467, 468, 471 IPC without prior sanction as required by Section 197 CrPC.

The applicant, Yogiraj Vasantrao Surve, was working as District Deputy Registrar, Cooperative Societies, Akola, and previously as Deputy Registrar, Co...