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Karnataka High Court Dismisses Appellants' Second Appeals in Property Dispute — Concurrent Findings of Possession and Title Upheld. The court held that the appellants failed to raise any substantial question of law under Section 100 CPC, as the courts below had correctly appreciated the evidence on title and possession....

The appellants, Thippeswamy and Smt. Nagamma, filed Regular Second Appeals under Section 100 of the Code of Civil Procedure, 1908, challenging the judgment and decree dated 26.09.2008 passed by the Pr...

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High Court of Karnataka Dismisses Second Appeal in Property Title Suit — Concurrent Findings of Fact Not Interfered With. Plaintiff's title based on Hakkupatra grant upheld by both courts below; no substantial question of law arises under Section 100 CPC....

The appellant, Smt. Sumitra Bai, was the defendant in a suit for declaration of title and permanent injunction filed by the respondent-plaintiff, P. Siddesh, in respect of a site bearing No.56/1-B in ...

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High Court of Karnataka Hears Appeals in Motor Accident Claims Challenging Tribunal's Absolution of Insurer and Inadequate Compensation. Claimants Argue That Insurer Failed to Prove Driving Licence Breach and Must Pay Under 'Pay and Recover' Principle of Motor Vehicles Act, 1988....

The appeals arose from a motor vehicle accident on 30.06.2009 where a husband and wife on a motorcycle were hit by a rashly driven Light Goods Vehicle (Lorry). The wife died on the spot and the husban...

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Bombay High Court Dismisses Insurance Company's Appeal Against Interim No-Fault Liability Award Under Section 140 Motor Vehicles Act, 1988 — Insurer Can Contest Vehicle Involvement at Final Stage...

The case involves an appeal filed by The Oriental Insurance Co. Ltd. against an interim award passed by the Motor Accident Claims Tribunal under Section 140 of the Motor Vehicles Act, 1988. The Tribun...

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Bombay High Court Dismisses Insurance Company's Appeal Against Interim Award Under Section 140 Motor Vehicles Act — Prima Facie Case Sufficient for Interim Compensation. The Court Held That Insurance Company Must Pay Interim Award Despite Possible Defences, With Liberty to Recover From Owner/Driver if Exonerated at Final Hearing....

The appeal was filed by The Oriental Insurance Co. Ltd. challenging an interim award dated 17.6.2013 passed by the Motor Accident Claims Tribunal-2, Nagpur under Section 140 of the Motor Vehicles Act,...

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Bombay High Court Allows Enhanced Compensation for Land Acquisition for Percolation Tank — Market Value Determined at Rs. 15,000 per Hectare Based on Sale Instances and Potential for Development. Claim for Trees Abandoned as Owner Admitted Cutting Them Before Acquisition Under Land Acquisition Act, 1894....

The appellant, Rajanna Aguwar, owned land bearing Survey No.18/2 admeasuring 3.50 HR in village Sakhara, which was acquired by the State of Maharashtra for the construction of a percolation tank. A no...

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Bombay High Court Allows Appeal in Land Acquisition Compensation Case — Reference Court Erred in Rejecting Claim Without Considering Evidence. Enhancement of Compensation Granted Based on Comparable Sale Instances Under Section 18 of the Land Acquisition Act, 1894....

The appellant, Luis Alex Cardozo, owned land in Margao, Goa, which was acquired by the respondents (Deputy Collector and Executive Engineer) for the construction of a ring road. A notification under S...

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Bombay High Court Allows Appointment of Arbitrator in Partnership Dispute Despite Objections to Earlier Appointee. Court Holds That Arbitration Clause Survives Dissolution and Section 11(6) of Arbitration and Conciliation Act, 1996 Empowers Court to Appoint Arbitrator When Parties Fail to Agree....

The applicants, partners of a dissolved partnership firm, filed an application under Section 11(6) of the Arbitration and Conciliation Act, 1996 seeking appointment of an arbitrator. The partnership d...

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Bombay High Court Dismisses Appeal Against Rejection of Status Quo in Property Dispute. Trial court's refusal to continue interim protection upheld as plaintiff trust failed to establish prima facie case for injunction....

The appellants, Shree Vardhaman Sthanakvasi Jain Shravak Sangh – Dadar, a trust, filed a suit against the Municipal Corporation of Greater Mumbai, its Assistant Municipal Commissioner, a cooperative...