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Bombay High Court Allows Insurance Company to Recover Compensation Paid Under Motor Vehicle Act Despite Policy Breach — Insurer Can Be Directed to Pay Third Parties but Has Right to Recover from Owner for Violation of Policy Conditions.

The case involves three first appeals filed by United India Insurance Company Limited against the judgment and award of the Motor Accident Claims Trib...

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Bombay High Court Allows Petitions Challenging Attachment Orders Under PMLA — Enforcement Directorate's Provisional Attachment Orders Set Aside for Lack of Proper Service and Non-Compliance with Section 5(1) of PMLA

The judgment concerns six criminal writ petitions filed by various individuals and companies challenging provisional attachment orders passed by the D...

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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 Dismisses Arbitration Petition for Appointment of Arbitrator in Family Property Dispute — No Arbitration Agreement Exists Between Parties. Will Clause Cannot Substitute Arbitration Agreement Under Section 7 of Arbitration and Conciliation Act, 1996.

The petitioner, Mrs. Padmini Chandran Menon, filed an Arbitration Petition under Section 11 of the Arbitration and Conciliation Act, 1996, seeking app...

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Bombay High Court Dismisses Suit for Specific Performance with Exemplary Costs for Suppression of Facts and Forum Shopping. Plaintiffs failed to disclose prior pending suit and obtained ex parte orders by misrepresentation, leading to dismissal and costs of Rs. 5 lakhs.

The plaintiffs, Anand Agarwal and Pramila Anand Agarwal, filed a Commercial Suit No. 614 of 2017 before the Bombay High Court seeking specific perform...

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Bombay High Court Allows Petitioner in Income Tax Reassessment Case — Mushroom Farming Income Held Agricultural. Reassessment Notice Under Section 148 of Income Tax Act, 1961 Quashed as Based on Change of Opinion.

The petitioner, Zuari Foods and Farms Pvt. Ltd., a private limited company engaged in mushroom farming, filed its income tax return for assessment yea...

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Bombay High Court Allows Wife's Revision in Maintenance Enhancement Case — Inadequate Increment and Wrong Effective Date. Court enhances maintenance from Rs.1200 to Rs.4000 per month under Section 127 Cr.P.C. and directs payment from date of application under Section 125(2) Cr.P.C.

The petitioner, Sangita Daspute, wife of Rameshwar Daspute, filed a criminal revision application before the Bombay High Court at Aurangabad, aggrieve...