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Bombay High Court Holds That Motor Vehicle Under Repair at Garage is 'Use' for Purposes of Compensation Liability Under Motor Vehicles Act. Court Clarifies That Vehicles Stationed for Repair Fall Within Section 147 Liability, Rejecting Insurer's Narrow Interpretation of 'Use'.

The appeal arose from an order of the Motor Accident Claims Tribunal, Mumbai, awarding compensation of Rs. 8,26,000 with interest to the dependents of...

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Bombay High Court Dismisses Petitions Challenging SARFAESI Act Applicability to Cooperative Banks and Arbitration Awards. Multi-State Cooperative Bank held to be a 'bank' under SARFAESI Act, and arbitration under Multi-State Cooperative Societies Act does not bar subsequent SARFAESI proceedings.

The judgment concerns three writ petitions filed by borrowers challenging actions taken by Abhyudaya Co-operative Bank Ltd. and Piramal Capital and Ho...

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Bombay High Court Allows Fishermen Cooperative's Petition Against Demolition of Fishermen Huts in Coastal Zone. Court Holds That Traditional Fishing Communities Have Customary Rights to Occupy Foreshore Land for Livelihood, Subject to Environmental Clearances Under CRZ Notification, 2011.

The petitioner, Mariyayi Macchimaar Sahkari Sanstha Maryadit, a cooperative society of traditional fishermen, filed a writ petition challenging the pr...

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Bombay High Court Upholds Compensation Award in Motor Accident Case — BEST Bus Driver's Negligence Proved. Tribunal's finding of involvement of bus and negligence upheld; compensation reduced from Rs.11,88,000 to Rs.10,38,000 with 7.5% interest.

The appeal was filed by the Mumbai Municipal Corporation (BEST Undertaking) challenging the judgment and award dated 17.7.2015 passed by the Claims Tr...

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Bombay High Court Hears Constitutional Challenge by Repeat Rape Convicts Against Section 376-E IPC. Sentencing Provision for Life Imprisonment for Repeat Sexual Offenders Alleged to be Arbitrary and Lacking Procedure.

Three writ petitions tagged together challenge the constitutional validity of Section 376-E of the Indian Penal Code, 1860 (IPC), inserted by the Crim...

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Bombay High Court Dismisses Claim for Enhanced Compensation in Land Acquisition Reference for Municipal Market and Housing. Claimant failed to prove inadequacy of compensation awarded by SLAO under Section 18 of Land Acquisition Act, 1894.

The case is a Land Acquisition Reference under Section 18 of the Land Acquisition Act, 1894, filed by the claimant, Pundalik Raghunath Mahulkar, seeki...

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Bombay High Court Dismisses Petitions by Directors Challenging Process in Cheque Dishonour Cases — Directors Held Vicariously Liable Under Section 141 of Negotiable Instruments Act, 1881

The petitioners, Suresh Motwani (Chairman) and Kishore Motwani (Director) of Sun Earth Ceramics Ltd., challenged the issuance of process against them ...

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Bombay High Court Declares Proposed Strike by Petroleum Workmen's Unions Illegal and Unjustified. Strike notices dated 6th July, 2011 and 12th July, 2011 held invalid for non-compliance with mandatory conciliation provisions under the Industrial Disputes Act, 1947.

The petitioner, Bharat Petroleum Corporation Ltd., a public limited company and a public utility service, filed two writ petitions under Article 226 o...