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Bombay High Court Allows Enhanced Compensation in Motor Accident Claim Despite Restricted Claim Amount. Tribunal Must Award Just Compensation Even if Claim is Restricted, Subject to Payment of Deficit Court Fee Under Motor Vehicles Act, 1988....

The appellants, legal representatives of the deceased Omprakash Lohakare, filed a claim petition before the Motor Accident Claims Tribunal, Nagpur, seeking compensation for his death in a motor vehicl...

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Bombay High Court Allows Recall of Witness in Civil Suit for Cross-Examination on Newly Discovered Documents — Order 18 Rule 17 CPC. Petitioner/Defendant Granted Opportunity to Cross-Examine Plaintiff's Witness on Documents Discovered After Examination....

The petitioner, defendant no. 2 in Regular Civil Suit No. 66 of 2009, challenged the order of the Joint Civil Judge, Junior Division, Kadegaon, rejecting his application under Order 18 Rule 17 of the ...

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Bombay High Court Dismisses Complainant's Petition Challenging Quashing of Process in Forgery Case Due to Lack of Sanction Under Section 195 CrPC. Magistrate Cannot Take Cognizance of Forgery of Document Produced in Civil Suit Without Complaint by That Court Under Section 340 CrPC....

The petitioner, Anil Anant Karkhanis, was the original complainant in Regular Criminal Case No.155 of 2003 filed before the Chief Judicial Magistrate, Raigad at Alibag. The complaint alleged that the ...

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High Court of Karnataka Allows Appeal in Insurance Subrogation Case — Appellant Not Liable for Consignee's Loss Without Privity of Contract. The court held that a carrier cannot be held liable for damages to goods where the consignor had no insurable interest and the consignee was not a party to the contract of carriage....

The appellant, M/s. Blue Dart Express Ltd., was the defendant in a suit filed by respondents M/s. Entel Limited (plaintiff No.1) and United India Insurance Co. Ltd. (plaintiff No.2) for recovery of Rs...

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High Court of Karnataka Quashes Reassessment Notices in Income Tax Case — Jurisdiction Lacked Due to Time Bar....

The dispute arose from three writ petitions filed by Infosys Limited challenging the reassessment proceedings initiated by the Deputy Commissioner of Income Tax under Section 147 r/w Section 148 of th...

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High Court of Karnataka Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence. Claimants' Appeal for Enhancement Dismissed as Tribunal's Assessment of Income and Multiplier Was Correct....

The case arises from a motor accident that occurred on 20.05.2012 involving a motorcycle and a lorry. The deceased, Tajpeer, was a pillion rider on the motorcycle. The claimants, being the widow and c...

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Karnataka High Court Quashes Re-Assessment Orders in KVAT Act Case Due to Non-Application of Mind and Lack of Reasons. Input Tax Credit Denial Based on Non-Availability of Selling Dealers at Registered Address Held Invalid Under Section 10(2) and Section 39 of Karnataka Value Added Tax Act, 2003....

The petitioner, M/s Onyx Designs, a proprietorship concern dealing in bags and gift items, was a registered dealer under the Karnataka Value Added Tax Act, 2003 (KVAT Act). It had availed input tax cr...

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Karnataka High Court Upholds Karnataka Administrative Tribunal's Order Quashing Absorption of Surveyors as Assistant Directors of Land Records — Violation of Recruitment Rules and Natural Justice. The court held that absorption without following the Karnataka Survey and Land Records Subordinate Service Rules, 1975 and without hearing is illegal....

The case involves a batch of writ petitions filed by the State of Karnataka and its officers challenging the order of the Karnataka Administrative Tribunal (KSAT) which quashed the absorption of surve...