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High Court of Karnataka Allows Appeal in Income Tax Case — Assessee Engaged in Manufacture of Air-Conditioning Systems Entitled to Section 80IA Deduction. The process of designing, manufacturing ducting, and installing air-conditioning systems constitutes manufacture under the Income Tax Act, 1961....

The appeal was filed by M/s Koolnest Pvt. Ltd., the assessee, challenging the order of the Income Tax Appellate Tribunal (ITAT) which held that the assessee was only assembling and installing air-cond...

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Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Insurer Must Pay Third Party Even If Policy Breach Alleged, May Recover from Owner/Driver Later. Insurer's failure to prove breach of policy results in liability to pay compensation, but recovery from owner/driver is permissible in same proceedings....

The case arises from a motor accident claim where the claimant, Shankarrao Ganpatrao Jichkar, sustained fractures to his right leg and left clavicle when his motorcycle was hit by an offending motorcy...

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Bombay High Court Allows Appeal in Arbitration Case — Price Variation Clause Struck Off Unilaterally by Railway. Arbitral Award for Escalation Upheld as Contractual Clause Was Deleted Without Contractor's Consent, Entitling Contractor to Price Escalation Under Section 37 of Arbitration and Conciliation Act, 1996....

The appellant, M/s R. N. Tandon and Sons, a contractor, was awarded a contract by the respondent, Union of India, for construction of bridges in the Metpanjara-Kohli Section of Central Railway. The co...

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Bombay High Court Quashes Section 138 NI Act Proceedings Against Directors for Lack of Specific Averments. Vicarious Liability Under Section 141 Requires Specific Allegations of Role in Conduct of Business....

The petitioners, comprising a company and its directors, filed a writ petition under Article 226 of the Constitution read with Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of ...

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Bombay High Court Allows Trade Union's Petition, Directs State Financial Corporation to Implement Revised Pay Scales Without State Approval. Omission of Proviso to Section 23 of State Financial Corporations Act, 1951 Removes Requirement of State Government's Approval for Autonomous Corporation's Service Conditions....

The petitioner, Bhartiya Kamgar Karmachari Mahasangh, a registered trade union and recognized union of the Maharashtra State Financial Corporation (Respondent No.1), filed a writ petition seeking impl...

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Bombay High Court Allows Appeal Partly in Fatal Accident Case, Reduces Sentence for Rash Driving. Court holds that conviction under Section 304-A IPC without specific charge is valid if no prejudice, and reduces sentence to period already undergone for young driver with family....

The appellant, Rajkumar Dhunichand Sharma, was convicted by the Additional Sessions Judge, Osmanabad, for offences under Sections 307 and 304-A of the Indian Penal Code (IPC) and Section 184 of the Mo...

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Bombay High Court Allows Writ Petition Challenging Amendment of Written Statement at Appellate Stage for Lack of Due Diligence Under Order 6 Rule 17 CPC. The Court Set Aside the District Court's Order Allowing Amendment After Trial Had Commenced, Holding That the Proviso to Order 6 Rule 17 Mandates a Finding of Due Diligence....

The petitioner, original plaintiff in Regular Civil Suit No. 179 of 2009, filed a writ petition challenging the order dated 23 July 2013 passed by the District Court-5, Ahmednagar, which allowed an ap...

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Bombay High Court Allows Second Appeal in Partition Suit — Reverses Concurrent Findings of Courts Below. Held that the plaintiffs failed to prove joint family property and that the suit was barred by limitation and res judicata....

The case involves a second appeal arising from a suit for partition and separate possession filed by the plaintiffs (respondents) against the defendants (appellants). The plaintiffs claimed that the s...

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Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Upholds 50:50 Apportionment of Liability Between Two Vehicles. The court affirmed the Tribunal's finding of contributory negligence and compensation of Rs.20,00,000 for permanent disability under Section 166 of the Motor Vehicles Act, 1988....

The case arises from a motor vehicle accident that occurred on Wardha Road National Highway No. 7 near Jamtha Fata, Nagpur. The claimant, Karim Khan, a B.E. in Chemical Engineering employed at Star Or...

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High Court of Bombay at Nagpur Dismisses Insurance Company's Appeal in Motor Accident Claim — Permanent Disability Compensation Upheld. Claimant awarded Rs. 1,50,000 with 6% interest for 20% permanent disability due to fracture of both femurs in a truck-auto rickshaw collision....

The National Insurance Co. Ltd. appealed against the judgment and award dated 27.3.2008 passed by the Additional Member, Motor Accident Claims Tribunal, Akola in M.A.C.P. No.203 of 2003. The claimant,...