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Supreme Court Dismisses Appeal in Specific Performance Suit, Upholds Refund of Earnest Money with Interest. Plaintiff failed to prove readiness and willingness for specific performance, but defendant must refund earnest money with 12% interest under Section 22 of Specific Relief Act, 1963.

The appellant (plaintiff) entered into a sale agreement dated 19.03.2010 with the respondents (defendants) for purchase of property bearing Survey No....

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High Court of Gujarat Allows Appeal in Motor Accident Claim — Compensation Enhanced from Rs.2,83,270 to Rs.7,42,400. Income of Deceased Driver Reassessed at Rs.4,000 per Month with 40% Future Prospects and 1/4th Deduction for Personal Expenses Under Motor Vehicles Act, 1988.

The present appeal arises from a judgment and award dated 13.10.2012 passed by the Motor Accident Claims Tribunal (Aux.), Gondal, in M.A.C.P. No. 1320...

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Gujarat High Court Allows Appeal in Motor Accident Claim — Insurance Company Liable for Interest from Date of Petition Despite Delayed Impleadment. Interest liability under Section 171 of Motor Vehicles Act, 1988 is compensatory and cannot be denied for pre-impleadment period.

The appellant, Jatin Becharbhai Patel, was the original claimant in a motor accident claim petition (M.A.C.P. No.331 of 1991) before the Motor Acciden...

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Gujarat High Court Allows Appeal in Motor Accident Claim Case Due to Negligence of Truck Driver — Tribunal Erred in Dismissing Claim Petition on Ground of Contributory Negligence Without Proper Evidence.

The case arises from a motor accident claim petition filed by the legal heirs of the deceased Vajesinh Laxmansinh @ Vikramsinh Makwana, who died in a ...

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High Court of Gujarat Enhances Compensation in Motor Accident Claim — Deemed Passenger for Hire, Not Gratuitous Passenger. Negligence of Tempo Driver Proved; Insurance Company Held Liable to Indemnify Owner Under Motor Vehicles Act, 1988.

The present appeal arises from a judgment and award dated 30.07.2009 passed by the Motor Accident Claims Tribunal (Aux.), Panchmahals at Godhra, in M....

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High Court of Gujarat Dismisses GSRTC Appeal in Motor Accident Claim — Negligence of ST Bus Driver Proved, No Contributory Negligence by Motorcyclist. Compensation of Rs.13,52,890/- with 9% interest upheld as just and proper under Motor Vehicles Act, 1988.

The Gujarat State Road Transport Corporation (GSRTC) appealed against the judgment and award dated 30.04.2018 passed by the Motor Accident Claims Trib...

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Gujarat High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence. Deceased was travelling in a Matador that collided with a truck; court found contributory negligence on part of Matador driver and reduced insurer's liability by 50%.

The case arises from a motor accident that occurred on 16.01.2003, when a Matador bearing registration No.GJ-1TT-9663, in which the deceased Manishbha...

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Bombay High Court Allows Appeal in Motor Accident Claim Case Due to Erroneous Application of Multiplier and Income Assessment. Compensation Enhanced from Rs. 5,84,000 to Rs. 8,37,000 for Death of Tailor in Truck Accident Under Section 166 of Motor Vehicles Act, 1988.

The appellants, legal representatives of the deceased Abdul Khadir, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, seeking ...

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High Court Dismisses Revenue Appeal in Income Tax Penalty Case — No Substantial Question of Law Arises. Penalty under Section 271(1)(c) of Income Tax Act, 1961 cannot be imposed for mere disallowance of claim without finding of concealment or furnishing inaccurate particulars.

The Revenue filed an appeal under Section 260-A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal dated 29.12.2016, w...