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Bombay High Court Allows Appeal in Easement Right of Way Dispute — Non-Existence of Government Road or Prescriptive Right Bars Claim Over Plaintiff's Land. The court held that in the absence of any existing right of way or documentary proof from revenue department, the defendants cannot claim easement by prescription over the plaintiffs' field survey no. 28....

The case involves a second appeal before the Bombay High Court, Nagpur Bench, arising from a suit for injunction filed by the appellants (plaintiffs) against the respondents (defendants) seeking to re...

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Bombay High Court Disposes of Six First Appeals on Common Issue of Multiplier in Motor Accident Cases. Multiplier to be Based on Age of Deceased and Not on Age of Claimants, and 50% Deduction for Personal Expenses of Bachelor Deceased Upheld under Motor Vehicles Act, 1988....

The Bombay High Court was seized of six first appeals arising from awards of various Motor Accident Claims Tribunals, all involving the death of young bachelor individuals in road accidents. The commo...

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High Court of Karnataka Dismisses Applications by Returned Candidate to Dismiss Election Petition in Bangalore Graduates' Constituency Dispute. Court Holds That Allegations of Corrupt Practice and Improper Rejection of Votes, Coupled with Distinguishable Precedent, Do Not Warrant Summary Dismissal for Lack of Material Facts Under Representation of the People Act, 1951....

The case arose from an election petition filed under Section 81 of the Representation of the People Act, 1951 by A Devegowda, a candidate sponsored by the Janata Dal (Secular) party, challenging the e...

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High Court of Karnataka Dismisses Winding-Up Petition in Company Dispute Over Disputed Debt Under Sections 433(e) and (f) of Companies Act, 1956. Arbitral Award Debt of Rs.15 Lakh Contested on Grounds of Bona Fide Defence and Set-Off, Held Not Sufficient for Winding Up....

The petitioner, Nuziveedu Seeds Private Limited (now NSL Renewable Power Private Limited), filed a company petition under Sections 433(e) and (f) read with Section 434 of the Companies Act, 1956, seek...

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High Court of Karnataka Dismisses Land Acquisition Challenges for Housing Scheme — Upholds Notifications Under Land Acquisition Act and Karnataka Housing Board Act. Petitioners failed to demonstrate any violation of statutory provisions or fundamental rights in acquisition for public purpose....

The judgment concerns a batch of writ petitions filed by landowners challenging the acquisition of their lands for a housing scheme by the Karnataka Housing Board. The petitioners, including Muniswama...

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Writ Appeals Filed by Tea and Coffee Plantation Companies Against Denial of Input Tax Credit on Cultivation Inputs under Karnataka Value Added Tax Act, 2003. Issue: Whether Cultivation Inputs Eligible for Tax Credit Under Section 10(2) Read with Section 2(6) and 2(19) of the Act....

The appeals arose from reassessment orders passed under the Karnataka Value Added Tax Act, 2003, denying input tax credit to tea and coffee plantation companies on purchases of fertilizers, pesticides...

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High Court of Bombay Dismisses Insurance Company's Appeal in Motor Accident Claim — Gratuitous Passenger Not Covered Under Policy But Insurer Failed to Prove Breach of Conditions. The court held that the insurer must prove breach of policy conditions to avoid liability, and mere non-coverage of a passenger does not automatically absolve the insurer....

The appeal arises from a judgment and award dated 19.9.2003 passed by the Motor Accident Claims Tribunal, Bhandara, in Claim Petition No. 42 of 2001. The respondent no. 1, Maroti s/o Laxman Ukey, boar...