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Bombay High Court Partly Allows Owner's Appeal in Motor Accident Claim — Reduces Compensation for Death of 15-Year-Old Boy Due to Contributory Negligence. Owner of Tractor Held Liable for Negligence of Driver but Compensation Reduced by 50% for Deceased's Contributory Negligence in Sitting on Tractor.

The case arises from a motor accident claim filed by the original claimants (respondents No. 1 to 4) under Section 166 of the Motor Vehicles Act, 1988...

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Bombay High Court Upholds Compensation Award in Workmen's Compensation Case — Insurer Liable Jointly and Severally with Employer for Employee's Injuries. Employer's Failure to Deposit Compensation Attracts Penalty Under Workmen's Compensation Act, 1923.

The case involves an appeal by National Insurance Co. Ltd. against a judgment of the learned Commissioner under Workmen's Compensation and Judge, Elev...

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Bombay High Court Dismisses Interim Application Seeking Section 340 CrPC Proceedings in Slum Rehabilitation Dispute for Alleged Fabrication of MHADA Affidavit. Court Finds Affidavit Was Authentic, E-filed Under Administrative Directions, and Served on All Parties, Negating Claim of Fraud on Court.

The case involved two writ petitions challenging a slum rehabilitation scheme on MHADA land in Bandra East, Mumbai. The petitioners claimed to be MHAD...

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Supreme Court Allows Owner's Appeal in Vicarious Liability Case Due to Lack of Employer Authorization. Unauthorized Driver Taking License Test Not Acting Within Course of Employment Absolves Owner from Liability Under Tort Law.

The dispute arose from a personal injury caused by a motor vehicle accident. The respondent, Santanuprasad Jaishankar Bhatt, was injured when a taxi o...

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High Court of Karnataka Reduces Compensation in Motor Accident Claim Case Due to Contributory Negligence and Error in Income Calculation. Claimant's contributory negligence assessed at 30% and notional income reduced from Rs.12,000 to Rs.9,000 per month for a pillion rider with no proof of income.

The case arises from a motor accident claim petition filed by the legal representatives of Supreeth S., a 24-year-old bachelor who died in a road acci...

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Bombay High Court Allows Writ Petition of Oil Corporation in Octroi Abolition Case. Octroi Demands and Seizure of Depots Quashed as Municipal Council Lacked Authority After 1999 Amendment to Maharashtra Municipal Councils Act, 1965.

The petitioner, M/s. Bharat Petroleum Corporation Ltd. (BPCL), filed a writ petition under Article 226 of the Constitution of India before the Bombay ...

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High Court Dismisses Public Interest Litigation Seeking Directions for Mosquito Control and Sanitation Across Tamil Nadu. Vague Pleadings and Lack of Specific Evidence Fail to Establish Grounds for Issuing Mandamus Under Article 226, Despite Right to Health Under Article 21 and Duties Under Article 51A.

The writ petition was filed as a public interest litigation under Article 226 of the Constitution of India seeking a mandamus directing the Principal ...

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Supreme Court Quashes Charges Against Hotel Managing Director and General Manager in Guest Fall Case — No Criminal Negligence Established. Vicarious Liability Not Attracted Under Sections 336/338 IPC and Section 4 COTPA Without Specific Allegations of Active Role.

The Supreme Court allowed the appeals filed by Shiv Kumar Jatia (accused No.2, Managing Director) and Aseem Kapoor (accused No.4, General Manager) aga...