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Bombay High Court Allows Insurance Company's Appeal and Partly Allows Claimants' Appeal in Motor Accident Claim Case — Negligence of Truck Driver Established, Contributory Negligence Not Proved. Claimants awarded enhanced compensation with 6% interest per annum from date of petition.

The judgment arises from two cross-appeals against the award of the Motor Accident Claims Tribunal, Sangli, dated 28 September 2005 in Claim Petition ...

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Bombay High Court Upholds Copyright Injunction Against Music Streaming Service in Interpretation of Section 31D of Copyright Act, 1957. The court held that a statutory license under Section 31D for radio broadcasting does not extend to internet streaming services like Wynk Music.

The case involves two appeals by Wynk Ltd and Bharti Airtel Ltd (defendants) against an order of the Bombay High Court (SJ Kathawalla J) dated 23rd Ap...

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Bombay High Court Dismisses Society's Section 9 Petition for Possession and Injunction Against Developer in Redevelopment Dispute. Court Holds That Disputed Questions of Title and Possession Cannot Be Decided in Summary Proceedings Under Section 9 of the Arbitration and Conciliation Act, 1996.

The judgment concerns two competing petitions under Section 9 of the Arbitration and Conciliation Act, 1996, filed by Rajawadi Arunodaya Co-operative ...

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Bombay High Court at Goa Quashes De Novo Inquiry Order in Disciplinary Proceedings Against Government Officer for Alleged Fraudulent Award of Works Without Tenders. Disciplinary Authority Cannot Order Fresh Inquiry Without Setting Aside Earlier Report and Without Hearing Delinquent Officer.

The petitioner, Shri K. Kamaladinni, a government officer, challenged an order dated 28 August 2018 directing a de novo inquiry into charges against h...

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Bombay High Court Dismisses Appeal by Municipal Corporation in Land Acquisition Compensation Case — Upholds Reference Court's Award of Rs.5 Lakh for Sewerage Treatment Plant Land. Claimants' Restricted Claim Due to Financial Constraints Does Not Bar Higher Compensation if Justified by Potential Value.

The Deputy Director Town Planning of Amravati Municipal Corporation appealed against the judgment of the Reference Court in L.A.C. No.215/2003, which ...

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Bombay High Court Dismisses Petition Challenging Validity of MRTP Act Provisions. Court holds that Sections 49(7) and 127 of Maharashtra Regional and Town Planning Act, 1966 are constitutionally valid and not ultra vires Articles 14, 19(1)(g), 21, 21A, 47 and 243(w).

The petitioners, Chalisgaon Municipal Council and a resident, filed a writ petition under Article 226 of the Constitution challenging the constitution...

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Bombay High Court Dismisses Section 34 Challenge to Arbitral Award in Partnership Dispute — Upholds Award of Rs. 7.39 Crore with Interest. Limitation plea rejected as claim was within time; quantification not perverse.

The judgment concerns a Commercial Arbitration Petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral award ...