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High Court of Karnataka Enhances Compensation for Injured Claimant in Motor Accident Case — Owner's Appeal Dismissed for Lack of Evidence on Driving Licence Violation. The court held that the owner failed to prove breach of policy conditions regarding driving licence, and thus the owner is liable to pay compensation under Section 149(2) of Motor Vehicles Act, 1988....

The case involves two appeals arising from a motor accident claim. The claimant, Smt. Channawwa, was injured in a road accident involving a goods lorry owned by Shridhar and insured by United India In...

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Bombay High Court Allows Section 482 Application to Quash Rejection of Section 91 Application for Production of Enquiry Documents in Rape and Atrocities Case. The court held that documents of pre-FIR enquiry are relevant for fair trial and directed reconsideration....

The applicants, Harinarayan Gulabrao Sardar and Mangesh Rajendra Madavi, filed a criminal application under Section 482 of the Criminal Procedure Code (CrPC) before the Bombay High Court, Nagpur Bench...

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Bombay High Court Allows Petition to Impound Insufficiently Stamped Agreement in Title Suit — Stamp Duty Deficiency Cannot Be Bypassed by Claiming Collateral Purpose Under Registration Act. Section 34 of Maharashtra Stamp Act mandates impounding of insufficiently stamped instruments, overriding proviso to Section 49 of Registration Act for collateral purpose....

The petitioners (plaintiffs in the suit) filed Regular Civil Suit No. 244 of 2006 seeking declaration of title and mandatory injunction. The respondent (defendant) produced an agreement dated 05.05.19...

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Bombay High Court Sets Aside Arbitral Award for Non-Compliance with Section 31(2) of Arbitration and Conciliation Act, 1996 — Award Signed by Only Two of Three Arbitrators Without Recording Reason for Omitted Signature...

The petitioner, Ashesh Busa, proprietor of Apex Chemicals, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral award dated 27th February 2017. The ...

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High Court of Karnataka Quashes Commission Order in Final Decree Proceedings Due to Non-Compliance with Order 26 Rule 9 CPC. Suo Motu Issuance of Commission Without Application or Notice Held Invalid....

The petitioners, legal representatives of the original plaintiff, challenged an order dated 25.06.2018 passed by the Principal Senior Civil Judge, Chikkaballapur in FDP No.8/2016, whereby the court is...

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High Court of Karnataka Quashes Commission Order in Final Decree Proceedings Due to Lack of Jurisdiction and Non-Compliance with CPC Requirements. The court held that the trial court must first determine the mode of partition before issuing a commission under Order 26 Rule 9 CPC....

The petitioners, legal representatives of the original plaintiff Y.R. Lakshminarasimhaiah, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 25.06.2018 pa...

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Bombay High Court Acquits Accused in Assault on Public Servant Case Due to Inconsistent Evidence and Lack of Corroboration. Conviction under Sections 353, 294, 506 IPC and Arms Act Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt....

The appellant, Ranjitsingh Gulabsingh Chungade, was convicted by the Additional Sessions Judge, Akola in Sessions Trial 234/2002 for offences under Sections 353, 294, 506 of the Indian Penal Code and ...

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Bombay High Court Quashes Disciplinary Proceedings Against Retired Judicial Officer Initiated After Acceptance of Voluntary Retirement. Disciplinary proceedings initiated after acceptance of voluntary retirement are without jurisdiction as the employer-employee relationship ceases upon retirement....

The petitioner, a retired District Judge, challenged the initiation and continuation of disciplinary proceedings against her after her request for voluntary retirement was accepted. She joined the Mah...

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Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Negligence of Tempo Driver Upheld. Compensation of Rs.18,17,000/- with 9% Interest Affirmed as Just and Fair....

The case arises from a motor vehicle accident on 08/01/2013, where the deceased Vikas Bharne was riding a motorcycle and was hit by a tempo coming from the opposite direction. The claimants, being the...