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Bombay High Court Dismisses Insurance Company's Appeal in Owner's Claim for Damages — Civil Court Jurisdiction Upheld. Owner's suit against insurer for breach of contract is not barred by Section 175 of Motor Vehicles Act, 1988 as it does not fall under Chapter XII of the Act.

The case involves a second appeal by The New India Assurance Co. Ltd. against a decree passed in favor of the respondent, Abdul Qadri Abdul Ajiz, who ...

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Bombay High Court Upholds Temporary Injunction in Property Dispute Based on Agreement to Sell and Possessory Rights. Court Restrains Defendant from Alienating Suit Property or Acting on Assignment Deed, Directs Plaintiff to Pay Accommodation Charges to Tenants.

The dispute pertains to a property known as 'Sharda Niwas' in Goregaon, Mumbai. The plaintiff, Jagdish Harkishan Sharma, claimed to have entered into ...

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Bombay High Court Dismisses Appeal Against MCOCA Charges in Robbery Case — Appellant Fails to Show Lack of Prima Facie Evidence for Organized Crime. Court upholds trial court's rejection of discharge, finding sufficient material to proceed under MCOCA for dacoity and robbery offences.

The appellant, Maruti Navnath Sonawane, filed a criminal appeal before the Bombay High Court challenging the order of the Special Judge for MCOCA at B...

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Bombay High Court Upholds Penalty Under Section 271(1)(c) for Concealment of Income in Land Sale Transaction. Assessee failed to disclose receipt of advance sale consideration in return, leading to penalty for concealment.

The appellant-assessee, along with four others, executed an agreement for sale of a plot of land at Vasai on 07.12.2004 for a total consideration of R...

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Bombay High Court Dismisses Election Petitions for Non-Disclosure of Cause of Action Under Order VII Rule 11 CPC. Petitions Challenging Lok Sabha Elections Failed to Plead Material Facts Constituting Corrupt Practices as Required Under Section 83 of the Representation of the People Act, 1951.

The judgment pertains to four applications filed by returned candidates in election petitions challenging their election to the Lok Sabha from various...

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WRIT PETITION NO.5186 OF 2001

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Bombay High Court Allows Delayed Filing of Written Statement in Civil Suit for Damages — Order VIII Rule 1 CPC Held Directory. The court set aside the trial court's refusal to accept the written statement, holding that the provision is directory and the delay was satisfactorily explained.

The petitioner, Ravindralal Biharilal Srivastava, was the defendant No.1 in Special Civil Suit No.1056/2010 filed by respondent No.1, Vimalkumar Santl...