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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Allows Assessee in GST Limitation Case by Setting Aside Show Cause...
Supreme Court Allows Criminal Appeal Against Acquittal in Dowry Harassment Death...

Judgements without assigned author

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High Court

Madras High Court Allows Appeal and Enhances Compensation for Injured Claimant in Motor Accident Case — Functional Disability Assessed at 100% Due to Vegetative State. Claimant awarded Rs.2,72,00,000/- for loss of earning capacity, medical expenses, pain and suffering, attendant charges, future medical expenses, and loss of amenities under Motor Vehicles Act, 1988....

The appellant, Mohamed Adhil Nifras, filed a Civil Miscellaneous Appeal under Section 173 of the Motor Vehicles Act, 1988, seeking enhancement of compensation awarded by the Motor Accidents Claims Tri...

High Court

Bombay High Court Allows Appeal, Restores Arbitral Award in Contractor vs. Irrigation Corporation Dispute. Court Holds That Section 34 Court Exceeded Its Jurisdiction by Reappreciating Evidence and Setting Aside Award on Grounds Not Permitted Under Section 34 of the Arbitration and Conciliation Act, 1996....

The present Commercial Arbitration Appeal was filed by M/s. Shinde & Sons, a contractor, under Section 37 of the Arbitration and Conciliation Act, 1996, challenging the judgment and order dated 11.09....

High Court

Bombay High Court Quashes Order for Psychiatric Examination of Wife in Divorce Case — No Prima Facie Material to Justify Medical Examination Under Hindu Marriage Act. The Court held that a party cannot be compelled to undergo psychiatric evaluation based on mere allegations of mental disorder without supporting evidence....

The case arises from a divorce petition filed by the husband (respondent) under Section 13(1)(ia)(ib) and (iii)(a)&(b) of the Hindu Marriage Act, 1955, seeking divorce on the ground that the wife (pet...

High Court

Bombay High Court Allows Partition Suit Plaintiffs' Writ, Restores Injunction Against Alienation of Joint Family Property. Trial Court's Order Granting Temporary Injunction Under Order 39 Rule 1 CPC Was Properly Passed and Appellate Court Erred in Reversing It Without Considering Prima Facie Case of Joint Tenancy....

The petitioners, Rohit and Radha Panbisare, filed a suit for partition and separate possession of suit property, including land Gat no.224 and a house constructed thereon, situated at village Tisgaon,...

High Court

Bombay High Court Dismisses Convict's Parole Application for Want of Jurisdiction - Abu Salem's Parole Plea Rejected as Filed Before Wrong Court. The court held that the petition was not maintainable as it was filed before the wrong bench, and the convict must approach the appropriate court having jurisdiction over the prison where he is confined....

The petitioner, Abu Salem Abdul Qayoom Ansari, a convict currently confined in Nashik Road Central Prison, filed a writ petition before the Bombay High Court seeking parole. The petitioner was represe...

High Court

Bombay High Court Allows Refund of IGST with Interest for Zero-Rated Export Supplies Under CGST and IGST Acts. Petitioner entitled to refund of IGST paid on export of goods along with interest from date of shipping bill till actual refund....

The petitioner, Shri Charan Singh Surjit Singh Gujral, filed a writ petition under Article 226 of the Constitution of India before the High Court of Judicature at Bombay. The petitioner sought a writ ...

High Court

Bombay High Court Allows Refund Appeals in GST Case Despite Limitation Bar — Deficiency Memo Not Issued. Rule 92 of CGST Rules, 2017 Mandates Issuance of Deficiency Memo and Opportunity of Hearing Before Rejecting Refund Application; Appellate Authority Must Consider Limitation Issue on Merits....

The petitioner, K Line India Pvt. Ltd., a company providing shipping services, filed refund applications for IGST paid on zero-rated supplies to SEZ units in December 2017. The refund application was ...

High Court

Bombay High Court Upholds Compensation Award to Injured Driver in Motor Accident Claim — Employer's Liability Affirmed Despite Insurance Policy Lapse. The Court held that the employer is liable to pay compensation under the Employee's Compensation Act, 1923 for injuries sustained by a driver in the course of employment, and the insurance company is not liable due to policy lapse....

The present First Appeal was filed by The New India Assurance Co. Ltd. under Section 30 of the Employee's Compensation Act, 1923, impugning the Judgment and Order dated 28th February, 2007 passed by t...

High Court

Bombay High Court Allows Appeal in Railway Accident Claim — Deemed Untoward Incident Despite Falling on Opposite Track. Court Holds That a Passenger Falling from a Train Due to Rush and Being Hit by Another Train Constitutes an 'Untoward Incident' Under Section 123(c) of the Railways Act, 1989....

The appeal arises from the dismissal of a compensation claim by the Railway Claims Tribunal, Mumbai, on the ground that the incident did not fall within the definition of an 'untoward incident' under ...

High Court

Bombay High Court Dismisses Landlord's Application for Possession from Official Liquidator in Bank Winding-Up — No Alternative Premises Provided Despite Earlier Direction. Section 457 of Companies Act, 1956 does not empower court to order eviction of liquidator without suitable alternative accommodation being made available....

The Applicant, Shree Vishnu Holdings & Consultants Pvt. Ltd., is the owner and landlord of premises situated at Jayshree Chambers, 82 Nagindas Master Road, Fort, Mumbai. The Bank of Karad had been a t...

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