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Bombay High Court Allows Appeal in Railway Accident Compensation Case — Deemed Deceased a Bonafide Passenger. Untoward Incident Under Section 124A of Railways Act, 1989 Established Despite Lack of Formal DRM Report.

The appellants, parents of the deceased Jaideep Tambe, filed a claim before the Railway Claims Tribunal seeking compensation for his death. They alleg...

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Bombay High Court Sets Aside Order Rejecting Father's Custody Application in Hindu Marriage Act Case Due to Erroneous Application of Estoppel. Custody Orders Are Always Modifiable Based on Change in Circumstances Under Section 13(1)(ib) of Hindu Marriage Act, 1955.

The appellant, Tushar @ Darshan Sham Patil, filed an appeal against the order of the learned District Judge-1, Shahada dated 14.10.2013, which rejecte...

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Bombay High Court Dismisses Revision in Slum Property Dispute — City Civil Court Has Jurisdiction. Court holds that suit for declaration and injunction regarding slum premises is not barred by Section 28 of Maharashtra Slum Areas Act, 1971, as the bar applies only to eviction suits.

The case involves two Civil Revision Applications challenging an order dated 23/07/2012 passed by the learned Judge of the City Civil Court, Greater M...

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Bombay High Court Upholds Conviction of Accused No.1 for Murder Under Section 302 IPC, Acquits Co-Accused Due to Lack of Evidence. Common Judgment Disposes of Appeal by Accused and State Appeal Against Acquittal of Others.

The judgment pertains to two connected criminal appeals arising from a trial court decision. Criminal Appeal No.111 of 1991 was filed by Sarjerao Shah...

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Bombay High Court Quashes Criminal Proceedings in Cheque Dishonour Case Due to Lack of Proper Service of Notice Under Section 138 of Negotiable Instruments Act, 1881 — Complainant Failed to Prove Service of Demand Notice on Accused.

The petitioner, Jogen C. Thakkar, filed a criminal writ petition under Article 226 of the Constitution of India read with Section 482 of the Code of C...

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Bombay High Court Dismisses Petition Challenging Eviction Order in Slum Rehabilitation Project — Petitioner's Right to Hearing Not Violated as Adjournment Sought on Ground of Illness Not Supported by Medical Certificate.

The petitioner, Madhukar Shankar Parsekar, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court challengi...

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Bombay High Court Dismisses Writ Petition Seeking Alternate Plot — No Legal Right to Substitution Established. Co-operative society's claim for alternate land rejected as original allotment remained intact, no statutory right under Article 226 of Constitution of India.

The petitioners, Nyaya Darshan Co-operative Housing Society Ltd. and its member Chandru Tolani, filed a writ petition under Article 226 of the Constit...

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Bombay High Court Allows Delay Condonation in Family Court Appeal — Wife's Claim for Half Share in Flat. Delay of 62 days condoned as applicant was pursuing remedy before Apex Court and was not negligent.

The applicant, Adhyatmam Bhamini, filed a delay condonation application under Section 5 of the Limitation Act, 1963, seeking condonation of 62 days de...

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CRIMINAL WRIT PETITION NO.1659 OF 2005

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