Search Results for "overloading"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Bombay High Court at Goa Dismisses Review Petition in Partition Suit Impleadment...
Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witn...

Search Results for "overloading"

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High Court

Gujarat High Court Allows Appeal and Enhances Compensation for Death of Minor in Motor Accident — Applies Future Prospects and Multiplier of 18 Under Motor Vehicles Act, 1988. The court held that the Tribunal erred in not granting future prospects and proper multiplier for a minor deceased, and that the Insurance Company is liable despite owner's death.

29 Jan 2026

The appellants, original claimants, filed a first appeal under Section 173 of the Motor Vehicles Act, 1988, challenging the judgment and award dated 0...

Supreme Court

Supreme Court Dismisses Appeal in Railway Goods Shortage Claim — Transshipment Tally Entries Show Overloading, Not Shortage. The appellant failed to prove shortage of 1,742 bags of salt as transshipment tallies indicated overloading in several wagons, negating the claim under Sections 73 and 74 of the Railways Act, 1989.

1 Jan 2026

The appellant, M/S Bajaj Trading Company, entrusted 40,444 bags of salt to the respondent railway authorities for transport from Chirai Junction, Guja...

High Court

High Court of Karnataka Dismisses Insurance Company's Appeal and Partly Allows Claimant's Appeal in Motor Accident Claim Case — Compensation Enhanced from Rs.3,40,000 to Rs.4,40,000 with 6% Interest. The court held that the claimant's income should be assessed at Rs.4,500 per month with 40% future prospects, and enhanced compensation for pain and suffering, loss of amenities, and conveyance and nourishment.

28 Jun 2022

The case involves two appeals arising from a motor accident claim. The claimant, M. Nagappa, a hotel keeper cum agriculturist aged 44, sustained griev...

High Court

High Court of Karnataka Quashes Corruption Proceedings Against Police Inspector for Lack of Sanction Under Section 19 of Prevention of Corruption Act, 1988. Sanction for prosecution is a condition precedent to taking cognizance of offences under the Act, and its absence renders the proceedings void ab initio.

26 Feb 2021

The petitioner, an Inspector of Police, was accused No.1 in Special Case No.5004/2017 pending before the III Additional District and Sessions Judge, B...

High Court

Bombay High Court Dismisses Revenue's Appeals in Income Tax Case — Provision for Incremental Arrears Under NCWA Held to be Known Liability. The Court upheld the ITAT's decision allowing deduction for provision made for incremental arrears and overloading charges paid to railways under the Income Tax Act, 1961.

13 Jan 2016

The case involves four income tax appeals filed by the Commissioner of Income Tax against Western Coalfields Ltd. The common questions were whether th...

High Court

Bombay High Court Quashes Punitive Order Against Railway Contractors for Alleged Misuse of Parcel Vans. Lease Termination and Blacklisting Set Aside for Violation of Natural Justice and Lack of Evidence.

7 Sep 2015

The petitioners, Yespal Keval Singh Chandi and M/s Sri Salasar Cargo Movers, were lessees of parcel vans from the Western Railway. Their lease contrac...

High Court

Bombay High Court Dismisses Insurer's Appeal in Motor Accident Claim — Insurer Liable Despite Overloading as No Breach of Policy by Owner Proved. The court upheld the award of Rs 3,82,000 with 9% interest to the dependents of a deceased passenger, holding that the insurer failed to prove that the owner permitted overloading of the vehicle.

24 Jul 2013

The appeal was filed by The New India Assurance Company Limited against the judgment and award dated 01-09-2004 passed by the Motor Accidents Claims T...

High Court

Bombay High Court Dismisses Arbitration Petition Challenging Arbitral Award in Railway Contract Dispute. Court upholds arbitrator's rejection of claim for extension of lease, finding no error of law or jurisdiction under Section 34 of the Arbitration and Conciliation Act, 1996.

8 Oct 2012

The petitioner, Prajapati Gunvant Keshavlal, was engaged in loading and unloading goods from railway wagons. On 11th June 2009, the respondent, Union ...

High Court

Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Insurer Fails to Prove Breach of Policy Terms. The court held that vague statements in FIR are insufficient to prove overloading and that the insurer must lead independent evidence to establish breach of policy conditions.

3 Oct 2012

The appeal arose from a judgment and award dated 28.2.2007 passed by the Motor Accident Claims Tribunal, Akola in M.A.C.P. No.5/1999. The dispute invo...

High Court

Bombay High Court Dismisses Petition Seeking Extension of Railway Parcel Space Lease Contract. Contractual Clause and Railway Board Policy Require Extension to Be Sought Before Expiry, Not After.

3 Dec 2010

The petitioner, M/s Airwide Express Cargo, entered into a lease contract with the Western Railway for parcel space in brake vans/parcel vans on the Fi...

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