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Gujarat High Court Partly Allows Insurance Company's Appeal, Reduces Interest Rate in Motor Accident Claim. Claimant's compensation of Rs.19,08,550 upheld but interest reduced from 9% to 7.5% per annum under Section 173 of Motor Vehicles Act, 1988.

The case arises from a motor accident that occurred on 18.06.2011 when the claimant, a pedestrian, was hit by a tanker bearing registration No. GJ-6-V...

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Madras High Court Allows Appeal in Specific Performance Suit — Agreement Holder Failed to Prove Readiness and Willingness. Continuous Readiness and Willingness Must Be Established Throughout the Period of Contract Under Section 16(c) of the Specific Relief Act, 1963.

The appeal arises from a suit for specific performance of an agreement of sale dated 10.06.2006. The plaintiff, T.K.Kandhaswamy, sought to enforce the...

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High Court of Karnataka Dismisses Appeal in Specific Performance Suit — Plaintiff Failed to Prove Readiness and Willingness. Agreement to Sell Not Proved as Genuine and Enforceable Due to Lack of Credible Evidence and Discrepancies in Pleadings.

The appellant, Harish, filed a suit for specific performance of an agreement to sell dated 05.12.2008 allegedly executed by the respondents in his fav...

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Bombay High Court Allows Petitions Against Municipal Corporation for Issuance of TDR Certificates. Transfer of Development Rights must be granted in accordance with Development Control Regulations and cannot be arbitrarily denied.

The petitioners in these four writ petitions are owners of lands that were acquired by the Amravati Municipal Corporation for the construction of a ro...

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Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Agreement to Sell Not Proved as Plaintiff Failed to Show Readiness and Willingness Under Section 16(c) of Specific Relief Act, 1963.

The present second appeal was filed by the original plaintiffs (appellants) challenging the concurrent judgment and decree passed in Special Civil Sui...

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Bombay High Court Dismisses Writ Petition for Revalidation of DFIA Licenses Due to Availability of Statutory Alternative Remedy. Petitioner failed to avail appeal remedy under Section 9(5) of Foreign Trade (Development and Regulation) Act, 1992 within prescribed period.

The petitioner, M/s. Oriental Export Corporation, filed a writ petition under Article 226 of the Constitution of India seeking a direction to the resp...

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Bombay High Court Allows Employer's Petition Challenging Reinstatement Order — Employee Abandoned Service by Taking Up Employment Abroad Without Intimation. Clause 13.4 of Certified Standing Orders Validly Invoked to Terminate Employment for Abandonment of Service Under Industrial Disputes Act, 1947.

The Petitioner, Infomedia India Ltd., engaged the First Respondent as a machine operator at its printing establishment in Mumbai. On 22 June 1992, the...

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Bombay High Court Dismisses State Appeal Against Acquittal in Corruption Case Due to Unreliable Trap Witness. Demand and Acceptance of Bribe Not Proved Beyond Reasonable Doubt Under Prevention of Corruption Act, 1988.

The State of Maharashtra appealed against the judgment of the Special Judge, Pune, acquitting the respondent-accused Madhukar Dharmaji Kale of offence...