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Bombay High Court Allows Possession Claim by Lessee in Company Liquidation — Official Liquidator Directed to Hand Over Property Subject to Lease. Leasehold Rights Survive Winding Up and Official Liquidator Must Respect Lessee's Right to Possession Under Section 456 of Companies Act, 1956.

The Provident Investment Company Ltd., a Government of Madhya Pradesh undertaking, filed an application seeking possession of leasehold land admeasuri...

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Bombay High Court Dismisses Insurance Company's Appeals in Motor Accident Claims — Upholds Compensation Awards for Deaths and Injuries. Insurance Company Failed to Prove Breach of Policy Conditions Under Motor Vehicles Act, 1988.

The present appeals arise out of a common judgment and order dated 30th September 2016 passed by the Motor Accident Claims Tribunal, Washim, in variou...

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Bombay High Court Upholds Validity of Section 21(5) of Bombay Sales Tax Act, 1989 Allowing Non-Judicial Member as President of Tribunal. Challenge to Appointment of IAS Officer as President Dismissed as Provision Does Not Violate Basic Structure.

The Sales Tax Tribunal Bar Association and its President filed a writ petition before the Bombay High Court challenging the constitutional validity of...

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Bombay High Court Allows Termination of Pregnancy for Deaf-Dumb-Mentally Challenged Rape Victim Under Medical Termination of Pregnancy Act, 1971. The court directed termination of pregnancy based on expert committee report that continuation would cause severe mental trauma and risk to life.

The petitioner, a minor deaf-dumb-mentally challenged girl, was raped by an unknown person, resulting in pregnancy of 18-19 weeks. Her mother filed a ...

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Bombay High Court Allows Mentally Challenged Person to Donate Kidney to Brother Under Transplantation of Human Organs and Tissues Act, 1994 — Natural Guardians Can Give Consent for Organ Donation by Mentally Incompetent Donor.

The petitioners, Ganpatrao Pawar and his wife Suman, are parents of two sons: Amol (petitioner no. 3), who is mentally challenged and represented by h...

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Bombay High Court Upholds Injunction in Favor of Tenant in Land Dispute with Agricultural Corporation. The court restored the trial court's interim injunction protecting the petitioner's possession based on prima facie tenancy rights and balance of convenience.

The petitioner, Baliram Dagadu Mundfane, filed a writ petition under Article 227 of the Constitution of India challenging the judgment and order dated...

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Bombay High Court Dismisses Revision Against Refusal to Frame Preliminary Issue of Jurisdiction in Eviction Suit. City Civil Court Has Jurisdiction Where Defendant Claims Ownership and Has Filed Separate Title Suit.

The case arises from a civil revision application filed by Vinod Shamsunder Aneja (the applicant/defendant) challenging an order of the City Civil Cou...

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Bombay High Court Allows Unwed Mother's Petition for Birth Certificate Without Father's Name. Right to Privacy Under Article 21 Protects Unwed Mother's Decision to Not Disclose Father's Name in Birth Certificate Under Registration of Births and Deaths Act, 1969.

The petitioner, an unmarried woman, delivered a female child on 7 November 2014. She filed a writ petition under Article 226 of the Constitution of In...

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Bombay High Court Dismisses Writ Petitions Challenging Cooperative Society Registration and Minister's Order — Upholds Validity of Registration Under Maharashtra Cooperative Societies Act, 1960. Petitioners lacked locus standi and alternative remedy was available, hence writ petitions not maintainable.

The judgment pertains to two writ petitions filed by cooperative housing societies and their members challenging the registration of another cooperati...