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Supreme Court Upholds NCDRC Finding of Deficiency of Service in Hotel Swimming Pool Death — Duty of Care Owed by Hotel Management to Guests Using Pool Facilities. Assigning Lifeguard Additional Bartending Duties Constitutes Breach of Duty Under Consumer Protection Act, 1986.

The appeals arose from a judgment of the National Consumer Disputes Redressal Commission (NCDRC) dated 28 April 2015, which held the Kerala Tourism De...

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Supreme Court Upholds Eviction Decree in Rent Control Case — Concurrent Findings of Default and Non-User Not Interfered With. Tenant's Failure to Pay Rent and Non-User of Premises for Stated Purpose Justify Eviction Under Bombay Rents, Hotel & Lodging Houses Rates Control Act, 1947.

The Supreme Court dismissed two civil appeals arising from a landlord-tenant dispute over eviction. The plaintiff purchased the suit property in 1986 ...

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Supreme Court Upholds Medical Negligence Finding Against Hospital and Doctors for Failure to Conduct ROP Screening on Preterm Baby Leading to Blindness. Compensation Enhanced for Child's Total Blindness Due to Negligent Omission of Mandatory Retinopathy of Prematurity Check-Up.

The case arises from a consumer complaint alleging medical negligence against Maharaja Agrasen Hospital and its doctors for failing to conduct mandato...

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CRIMINAL WRIT PETITION NO.3388 OF 2024

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Bombay High Court Allows Writ Petition for Pensionary Benefits to Part-Time Employee Converted to Full-Time. Petitioner's total service of over 13 years qualifies for pension under the Maharashtra Civil Services (Pension) Rules, 1982.

The petitioner, Prabhakar Namdeorao Metkar, filed a writ petition under Articles 226 and 227 of the Constitution of India before the Bombay High Court...

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Bombay High Court Dismisses Husband's Appeal in Child Custody Case — Welfare of Minor Children Paramount. Mother Granted Custody of Two Minor Children Under Section 8 of Guardians and Wards Act, 1890, as Father Forcibly Took Them from Her Custody.

The appellant husband challenged the order of the District Judge-1, Omerga, which granted custody of his two minor children to the respondent wife und...

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Bombay High Court Upholds Divorce Decree on Ground of Cruelty in Hindu Marriage Act Case. Husband's Appeal Dismissed as Court Finds Sufficient Evidence of Mental Cruelty and Failure to Return Streedhan.

The case involves an appeal by the husband against a Family Court decree dissolving his marriage on the ground of cruelty under Section 13(1)(ia) of t...

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Bombay High Court Dismisses Writ Petition Seeking Land Allotment and Compensation for Deficit Area in Rehabilitation Scheme — Petitioners Failed to Establish Entitlement Under Rehabilitation Policy and Orders Were Not Quashed.

The petitioners, Rukmini Dattatraya Tirawade and Vikram Hari Palkar, filed a writ petition under Article 226 of the Constitution of India before the B...

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Bombay High Court Allows Petition in Criminal Writ Jurisdiction — Quashes FIR for Non-Disclosure of Cognizable Offence. Court holds that FIR must disclose all ingredients of alleged offence; mere registration of FIR without prima facie case is abuse of process of law.

The petitioner, Neelam Nitin Sampat, filed a writ petition under Article 226 of the Constitution of India read with Section 482 of the Code of Crimina...