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Gujarat High Court Allows Appeal in Motor Accident Claim, Enhances Compensation for Injured Passenger. Claimant travelling in goods tempo held entitled to enhanced compensation of Rs. 3,00,000/- with interest, upholding 80:20 contributory negligence apportionment.

The appellant, Kalubhai Dulabhai Prajapati, was travelling in a goods tempo (GJ-23-W-788) on 12.06.2012 when a Maruti Eeco car (GJ-17-N-7288) driven r...

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Gujarat High Court Allows Appeal in Motor Accident Claim for Amputation — Enhances Compensation with Future Prospects and Increased Pain & Suffering. Notional Income of Cleaner Assessed at Rs. 3,500 per Month with 40% Future Prospects Under Motor Vehicles Act, 1988.

The appellant, Jitendrabhai Rajendrabhai Yadav, was a cleaner in an Eicher Tempo when on 05.06.2007, a collision between two tempos on the Ahmedabad-M...

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High Court of Karnataka Dismisses Regular Second Appeal in Rent and Business Income Recovery Suit — Concurrent Findings of Fact Not Interfered With. Section 100 CPC Appeal Dismissed as No Substantial Question of Law Arises.

The appellant, H.V. Devarajanaidu, was the defendant in O.S.No.312/2016 filed by the respondent, A.V. Ramesh Babu, for recovery of business income and...

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Supreme Court Allows Appeal in Insurance Claim Dispute — Fire Policy Coverage for Damaged Machinery Upheld. Surveyor's Report Not Binding on Insured; Insurer Cannot Repudiate Claim Based on Surveyor's Assessment Without Independent Grounds.

The appellant, M/s Super Label Mfg. Co., a registered partnership firm engaged in printing high technology labels, imported sophisticated printing mac...

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Bombay High Court Allows Appeal in Carriage of Goods by Sea Case — Sets Aside Ex-Parte Decree Due to Non-Service of Summons. Service of summons on agent of foreign principal held insufficient to bind the principal under Order 5 Rule 12 of CPC, 1908.

The appeal arises from a judgment and decree dated 18 October 2014 passed by the City Civil Court, Bombay in SC Suit No.7175 of 1997. The plaintiff, D...

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Bombay High Court Dismisses Appeal in Passing Off Suit — Plaintiff Fails to Establish Proprietary Rights Over Trademark 'Suratee Tobacco Company'. The Court held that the plaintiff, as a partner, cannot claim exclusive ownership of the partnership trademark without proving dissolution and assignment.

The appellant, Syed Zakirali, filed a civil suit seeking a permanent injunction to restrain the respondents from passing off their goods as those of t...

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High Court of Karnataka Quashes Controlling Authority's Orders Deferring Gratuity Payment Due to Pending Criminal Proceedings. Statutory Right to Gratuity Under Section 4 of Payment of Gratuity Act, 1972 Cannot Be Withheld Pending Criminal Case.

The petitioner, Shri B. Premananda Pai, a former Senior Manager of Vijaya Bank, filed a writ petition under Articles 226 and 227 of the Constitution o...

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Bombay High Court Allows Gratuity Claim in Payment of Gratuity Act Case — Resignation Not Ground for Forfeiture. Forfeiture of gratuity under Section 4(6) of Payment of Gratuity Act, 1972 requires termination for misconduct causing damage; resignation does not justify forfeiture.

The petitioner, H. Jayarama Shetty, joined the respondent Sangli Bank Ltd. on 28 May 1991. On 3 May 1994, a show cause notice was issued regarding irr...