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Bombay High Court Allows Appeal in Railway Accident Case — Deemed Accidental Fall as Untoward Incident Under Section 123(c)(2) of Railways Act, 1989. Mother of Deceased Granted Compensation as Sole Dependent Despite Absence of Ticket, as Tribunal Erred in Concluding Unauthorized Presence.

The appellant, Smt. Rekha Dilip Sapkale, mother of the deceased Akash Dilip Sapkale, filed a claim before the Railway Claims Tribunal, Mumbai, seeking...

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Bombay High Court Allows CBSE Class 10 Student to Appear for Compartment Exam Despite Missing Regular Exam Due to Medical Reasons. Clause 41.2 of CBSE Bye-laws restricting eligibility for compartment exam to only those who appeared in regular exam is struck down as arbitrary and violative of Article 14.

The petitioner, a 16-year-old girl student of Class 10, challenged Clause 41.2 of the CBSE Examination Bye-laws and a Circular dated 12.08.2020 which ...

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Bombay High Court Allows Appeal in Railway Accident Claim — Parents of Deceased Passenger Entitled to Compensation Under Railway Claims Tribunal Act, 1987. Death Caused by Accidental Fall from Overcrowded Train Constitutes 'Untoward Incident' Under Section 124A of Railways Act, 1989.

The appellants, parents of deceased Akash Thakur, filed a claim before the Railway Claims Tribunal seeking compensation for the death of their son who...

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Bombay High Court Allows Landlord's Writ Petitions Against Appellate Court's Reversal of Eviction Obstruction and Mesne Profits Orders. The court held that an obstructor claiming through a tenant cannot resist eviction after a decree against the tenant, and mesne profits are independent of possession.

The case involves two writ petitions filed by the landlord, Udyavara R. Acharya and Ramadevi R. Acharya, against the respondent, Jugal Kishor Jagannat...

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Bombay High Court Acquits Appellants in Attempt to Murder Case Due to Inconsistent Evidence and Doubtful Prosecution Case. Allegation of Pushing Victim from Running Train Fails as Medical Evidence and Witness Testimony Contradict Prosecution Version.

The appellants, Kanchan Deokisanjee Panpalia and Tara Harishkumar Panpalia, were convicted by the 4th Additional Sessions Judge, Akola, for offences u...

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High Court of Bombay at Nagpur Upholds Railway Claims Tribunal Award in Favour of Dependents of Deceased Passenger. Fall from Overcrowded Train Constitutes 'Untoward Incident' Under Section 123(c) of Railways Act, 1989, and Railway Administration is Liable for Compensation.

The case involves an appeal by the Union of India (Railway Administration) against the judgment and award of the Railway Claims Tribunal, Nagpur Bench...

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Bombay High Court Allows Parents' Appeal in Railway Accident Compensation Case — Holds That 'Accidental Falling' Includes Falling Due to Dizziness or Fits, Not Only Bumping Against Objects. Tribunal Erred in Narrow Interpretation of 'Accidental Falling' Under Section 124A of Railways Act, 1989.

The appellants, parents of the deceased Arvind Sanas, filed an appeal against the judgment of the Railway Claims Tribunal, Mumbai Bench, which dismiss...