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Madras High Court Dismisses Insurance Company's Appeal Against Quantum of Compensation, Upholding 100% Functional Disability for Heavy Vehicle Driver Whose Right Hand Was Amputated. Despite Medical Board certificate of 87% permanent disability, the Court confirmed that the driver's earning capacity was fully lost and enhanced the award by Rs.3,00,000 for future prosthetic limb maintenance by invoking Order XLI Rule 33 of the Code of Civil Procedure, 1908....

The appeal arose from a motor accident claim filed by a lorry driver who lost his right hand in a road collision. On 29th April 2022, the claimant was driving his lorry when a lorry owned by the secon...

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Madras High Court Partly Allows Workman's Appeal in Employee's Compensation Case, Directing Interest on Medical Expenses. Interest Held Payable at 12% from Date of Accident Under Section 4-A(3)(a) of Employees' Compensation Act, 1923 Despite No Disability Award....

The dispute originated from a claim petition filed by the appellant, a workman employed as a loadman with the first respondent, who sustained injuries on 30.07.2012 while unloading cut palm trees from...

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  • 100
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High Court of Karnataka Allows Amendment of Plaint in Specific Performance Suit — Legal Representatives Permitted to Add Alternative Prayer for Refund of Advance. Pre-trial amendment under Order VI Rule 17 CPC is to be liberally allowed if it does not cause irreparable prejudice to the opposite party....

The petitioners, legal representatives of the deceased plaintiff Chintamani Madhav Joshi, filed a writ petition under Article 227 of the Constitution of India challenging the order dated 18.01.2021 pa...

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High Court of Karnataka Dismisses Revision Petition in Cheque Dishonour Case — Conviction Upheld as Concurrent Findings of Fact Cannot Be Reappreciated Under Section 397 Cr.P.C. The court held that once the accused admits his signature on the cheque, the presumption under Section 139 of the Negotiable Instruments Act, 1881 arises, and the accused must rebut it with probable evidence; failure to do so results in conviction under Section 138....

The petitioner, Thomas Mani, was convicted by the trial court for an offence under Section 138 of the Negotiable Instruments Act, 1881, for dishonour of a cheque issued to the respondent, G. Shankar. ...

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  • 140
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Bombay High Court Dismisses Management's Petition Seeking Approval of Junior Clerk Appointment Due to Irregular Recruitment Process. Advertisement in Less Circulated Newspaper with Short Notice Period Constitutes Eyewash, Violating Article 16 of the Constitution....

The petitioners, Shree Doodhganga Vedhganga Shikshan Prasarak Mandal (the managing institution), the Headmaster of Pratibha High School, and Shital Dilip Patil (the selected candidate), challenged the...

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High Court Quashes ITAT Order on Income Classification — Jurisdiction Exceeded. The ITAT exceeded its jurisdiction by reclassifying income from PGHH, which had already been determined as income from other sources under Section 254(2) of the Income Tax Act, 1961....

The dispute arose from a writ petition filed by Procter and Gamble Home Products Private Limited against an order of the Income Tax Appellate Tribunal (ITAT) dated 2 September 2022. The petitioner, en...

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Bombay High Court Directs Refund of Excess Recovery in Income Tax Stay Matter — Petitioner Voluntarily Paid 20% Demand, Revenue Adjusted Refund Beyond Permitted Limit. Adjustment of Refund Against Stayed Demand Violates Instruction No.1914 and Stay Order Dated 17 April 2024....

The petitioner, an individual, filed his return of income for assessment year 2015-2016 on 28 September 2015, declaring income of Rs.56,65,660/-. The return was selected for scrutiny, and an assessmen...

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Bombay High Court Appoints Sole Arbitrator in Partnership Dispute Despite Objections on Privity of Arbitration Agreement. Court limits its inquiry under Section 11(6A) to existence of arbitration agreement, leaving issues of privity and liability to arbitral tribunal under Section 16....

The Petitioner, Darshan Mahendra Nibjya, filed a petition under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of a substitute arbitrator after the presiding arbitrator ...

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Bombay High Court Allows Writ Petition for Lapse of Reservation Under Section 127 MRTP Act — Failure to Acquire Land Within 10 Years. Petitioners' land reserved for school purposes not acquired despite notice; court declares reservation lapsed and directs publication of notification....

The petitioners, owners of land bearing Gat No. 105/2+3 at Village Bale, Solapur, filed a writ petition under Article 226 of the Constitution seeking a declaration that the reservations (Nos. 11/53 an...

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Bombay High Court Dismisses Promoters' Challenge to Deemed Conveyance Under MOFA — Upholds Competent Authority's Order Including Recreational Ground Area. The Court held that the Competent Authority's order under Section 11 of the Maharashtra Ownership Flats Act, 1963 was valid and the petitioners' objections regarding excess land and right of way were not sustainable....

The petitioners, Nahalchand Laloochand Pvt. Ltd., Rajesh Himatlal, and Wonder Estate Developers Pvt. Ltd., filed a writ petition under Article 226 of the Constitution before the Bombay High Court, cha...

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensation Cases,...

Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Dispute — Upho...

Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Suit for Spec...

High Court of Judicature at Bombay Upholds Developer's Challenge to Arbitration Award — ...

High Court Quashes School Tribunal's Order on Employee Reinstatement Due to Procedural Irr...

Supreme Court Upholds Conviction and Death Sentence in POCSO Case Due to Credible Testimon...

Supreme Court Dismisses Appeal Against High Court's Reversal of Trial Court's Decree on Wi...

Supreme Court Expunges Adverse Remarks Against Police Officer in Preventive Detention Case...

Supreme Court Quashes FIR in Dowry Death Case Due to Lack of Evidence and Abuse of Process...

Supreme Court Allows Recruitment Appeal in Police Constable Case Due to Flawed Medical Ass...

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