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Presidential Reference Made to Supreme Court Seeks Advisory Opinion on Telecom Licences and Spectrum Allocation Policies. Reference Under Article 143(1) Recites Historical Grant of Licences from 1994 to 2008 Including First-Come-First-Served and Revenue Share Regimes.

Background: The President of India made a reference under Article 143(1) of the Constitution on 12.04.2012, seeking the advisory opinion of the Suprem...

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High Court of Karnataka Allows Appeal in Land Acquisition Compensation Case Under National Highways Act — Enhancement of Compensation Granted Based on Comparable Sale Deeds. Market Value Determined at Rs. 150 per sq. ft. with Additional Benefits Under Section 3G(5) of the National Highways Act, 1956.

The appellant, Sri G. Ravishankar, owned 22,869 sq. ft. of land in Sy. No.49/2 of Aimangala village, Hiriyur Taluk, Chitradurga District, which was ac...

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Bombay High Court Quashes Modified Supplementary Award in National Highway Acquisition Case — Restores Original Award Due to Lack of Notice and Violation of Natural Justice. Competent Authority Cannot Unilaterally Reduce Compensation Without Hearing Landowners Under National Highways Act, 1956.

The petitioners, Sangeeta Natwarlal Karwa and Natwarlal Navneetlal Karwa, owned 4 acres of land in Gat No.37/1/2 at Valsang, Solapur. For the purpose ...

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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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Madras High Court Reduces Compensation in Motor Accident Case Due to Contributory Negligence — Deceased Motorcyclist Found 50% Liable for Collision with Tipper Lorry. The court apportioned liability equally after finding the deceased was riding on the wrong side of the road.

The appeal was filed by the insurance company challenging the quantum of compensation awarded by the Motor Accidents Claims Tribunal in M.C.O.P.No.138...

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High Court of Bombay Dismisses Insurance Company's Appeal in Motor Accident Claim — Compensation of Rs.68,23,000 Upheld. Computation of Loss of Dependency Based on Deceased's Annual Income of Rs.12,00,000 with 50% Future Prospects and Deduction of 1/3rd for Personal Expenses.

The case arises from a motor accident claim petition filed by the widow and son of Shivram Nake, who died in a road accident on 06.09.1995. The deceas...

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High Court of Karnataka Allows Enhancement of Compensation in Motor Accident Claim Case. Minor Claimant Awarded Increased Compensation for Injuries Sustained in Road Accident, Insurance Company's Appeal Dismissed.

The case involves two appeals arising from a motor accident claim. The claimant, H.A. Anil, a minor represented by his mother, filed a claim petition ...

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Karnataka High Court Upholds Reinstatement of Contractual Workmen in BESCOM Case — Compensation Reduced to Rs.75,000 Each. Workmen Appointed on Contract Basis for Specific Period Held Entitled to Reinstatement with Continuity of Service but Without Backwages Under Industrial Disputes Act, 1947.

The case involves writ appeals filed against an order of a learned Single Judge who upheld the award of the Labour Court but directed payment of Rs.75...