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High Court of Gujarat Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Lack of Proof of Income and Negligence of Driver. Claimants failed to establish income of deceased and contributory negligence was not considered by Tribunal.

The present appeals were filed by the National Insurance Company Ltd. under Section 173 of the Motor Vehicles Act, 1988, challenging the judgment and ...

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Appeals under Section 173 of Motor Vehicle Act in Fatal Accident Case. Disputing Liability and Compensation.

Appeals filed under Section 173 of the Motor Vehicle Act against a judgment and award issued by the Motor Accident Claim Tribu...

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Supreme Court Upholds Constitutional Validity of Section 43B(f) of Income Tax Act — Leave Encashment Deduction Allowed Only on Actual Payment. Clause (f) is not arbitrary or violative of Article 14 as it serves a legitimate purpose of preventing abuse and ensuring employee welfare.

The Supreme Court in this appeal considered the constitutional validity of clause (f) of Section 43B of the Income Tax Act, 1961, which was inserted b...

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Bombay High Court Dismisses Petitions Challenging Consent Decree in Specific Performance Suit. Consent Decree Held Binding and Not Open to Challenge in Execution Proceedings Without Proper Pleading of Fraud.

The judgment concerns two writ petitions filed by different parties challenging the execution of a consent decree passed in a suit for specific perfor...

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Bombay High Court Dismisses Appellant's Second Appeal in Housing Board Dispute — Unauthorized Construction Not Ipso Facto Nuisance but Concurrent Findings Upheld. Civil Court Has Jurisdiction Despite Section 71 Bar of Maharashtra Housing and Area Development Act, 1976 as Suit Pertains to Private Rights.

The case involves a second appeal by the original defendant No.1, Sau. Smita Mohod, against concurrent judgments and decrees passed by the Trial Court...

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Bombay High Court Orders Possession Recovery in Trespass Suit Against Unauthorized Occupant of Tenanted Premises. Statutory Tenancy Cannot Be Bequeathed by Will; Only Heirs Entitled Under Section 5(11)(c) of Bombay Rent Act.

The plaintiff, Shaikh Jaber Abdulah J AI Sabah, owner of the suit building AlJabriya Court at Marine Drive, Mumbai, filed a suit for recovery of posse...

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High Court of Bombay at Goa Dismisses State Appeal in Land Title Suit — Upholds Declaration of Ownership and Injunction Against Revenue Authorities. Government Officials Cannot Unilaterally Alter Land Records Without Adjudication of Title Under Specific Relief Act, 1963.

The case involves an appeal by the State of Goa and its officers against a judgment and decree dated 1.4.2005 passed by the Additional District Judge,...

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Bombay High Court Dismisses Writ Petition Challenging Eviction Notice Under Slum Act — Petitioner Failed to Show Cause. Petitioner did not respond to show cause notice under Section 33 of Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971, making writ petition premature.

The petitioner, Ashok Mahadeo Palvankar, filed a writ petition in the Bombay High Court challenging a notice dated 2.12.2004 issued under Section 33 o...