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Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence. Deceased motorcyclist found 50% negligent for accident with car, reducing claimants' compensation proportionately under Motor Vehicles Act, 1988.

The case arises from a motor accident claim filed by the legal heirs of Jayant Bagal, who died in a collision between his motorcycle and an Indica car...

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Bombay High Court Confirms Death Sentence for Accused in Kidnapping and Murder of Minor Girl. The court upheld the conviction under Sections 363, 302, and 201 IPC, finding the case to be rarest of rare.

The case pertains to the confirmation of a death sentence imposed by the Additional Sessions Judge at Nashik on the respondent-accused, Pappu Suresh S...

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Bombay High Court Allows Appeal in Railway Accident Compensation Case — Deemed Passenger Rule Applied. Death of a person found on railway premises with a valid ticket is an 'untoward incident' under Section 124A of the Railways Act, 1989, and the burden to prove negligence is not on the claimant.

The appellants, being the wife, minor son, and parents of the deceased Lahu Kotlapure, filed a claim application under Section 124 of the Railways Act...

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NOTICE OF MOTION COMMERCIAL DIVISION NO. 196 OF 2018

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Bombay High Court Commutes Death Sentence to Life Imprisonment in POCSO Case. The court held that the case does not fall within the 'rarest of rare' category and the possibility of reformation cannot be ruled out.

The case involves the confirmation of death sentence and appeals against conviction under the Protection of Children from Sexual Offences Act, 2012 (P...

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Bombay High Court Allows Tenants' Petition to Set Aside Ex Parte Decree in Eviction Suit — Failure of Counsel to Appear Not to Prejudice Litigant's Rights Under Order 9 Rule 13 CPC. Tenants' Diligence and Sufficient Cause Established Despite Counsel's Negligence.

The petitioners, Umar Abdul Majid Khan (original tenant) and Abdul Malik Shaikh (alleged sub-tenant), filed a writ petition challenging the orders of ...

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Bombay High Court Quashes Detention Order Under MPDA Act for Lack of Proximate Link Between Offences and Public Order. Preventive detention set aside as criminal activities did not disturb public order, only law and order.

The petitioner, Sangita Nandu Toradmal, mother of the detenue Sanket @ Khoonkhar Dadya Nandu Toradmal, filed a writ petition under Article 226 of the ...

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Bombay High Court Dismisses Petition Challenging Condonation of Delay in Filing Written Statement — Delay of 9 years and 79 days condoned subject to costs of Rs.15,000/- as sufficient cause shown and no prejudice caused to plaintiff.

The petitioner-plaintiff filed a suit for recovery of Rs.21,00,000/- paid as part consideration for purchase of a flat. The suit was dismissed in defa...

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Bombay High Court Dismisses Petitions Challenging Mutation Entries in Land Revenue Records — Dispute Over Agricultural Land Succession and Partition. Mutation entries under Section 149 of Maharashtra Land Revenue Code, 1966 do not confer title; civil suit for declaration of title is appropriate remedy.

The petitioners, claiming to be heirs of the original owner of agricultural land, challenged mutation entries made in favor of the respondents in the ...