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Bombay High Court at Goa Dismisses Insurance Company's Appeal in Motor Accident Claim — Upholds Compensation for Permanent Disability. Negligence of Qualis Jeep driver established; no contributory negligence by motorcycle rider; award of Rs. 10,00,000 upheld under Motor Vehicles Act, 1988.

The case arises from a motor vehicle accident that occurred on 06.02.2009. The claimant, Hemant Dabolkar, aged 35, was a Branch Manager at M/s Space O...

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Supreme Court Allows Appeal in IBC Section 7 Application — Cumulative Redeemable Preference Shares Held as Debt, Not Investment. The Court held that CRPS constitute a debt under Section 3(11) of IBC, 2016, and the appellant is a financial creditor entitled to file an application under Section 7.

The appeal arises from the dismissal of the appellant's application under Section 7 of the Insolvency and Bankruptcy Code, 2016 (IBC) by the NCLT and ...

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Supreme Court Validates Sub-Classification of Scheduled Castes in Landmark Judgment. Upholding Equality Within Equality: Supreme Court Endorses State's Power to Sub-Classify Scheduled Castes for Targeted Reservation.

The Supreme Court of India, in a significant ruling, has upheld the constitutionality of sub-classifying Scheduled Castes for the purpose of reservati...

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Bombay High Court Quashes VIDC Circular Imposing Unilateral Deduction of Income Tax at Source on Contractors Without Statutory Authority. Circular No. 9 dated 17.02.2020 directing deduction of TDS on gross value of works contract without considering provisions of Income Tax Act, 1961 held ultra vires.

The petitioner, M/s Musale Constructions, a partnership firm engaged in construction business, had been awarded various works contracts by the Vidarbh...

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Supreme Court Upholds Royalty on Run-of-Mine Coal for Period Prior to Insertion of Rule 64B and 64C in Mineral Concession Rules, 1960. Processed or Beneficiated Coal Attracts Royalty After Effective Date of Notification Dated 25th September, 2000.

The dispute involved multiple appeals before the Supreme Court arising out of conflicting interpretations of the stage at which royalty becomes payabl...

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High Court Dismisses Petition Challenging Arbitral Award in Insurance Claim Dispute — Underinsurance Calculation Upheld as Not Perverse. Court finds no patent illegality in tribunal's assessment of 55% underinsurance on replacement value basis.

The petitioner, M/s Lift and Shift India Pvt. Ltd., imported a second-hand crawler crane in 2004 and insured it with the respondent, M/s Iffco Tokio G...

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Supreme Court Restores Fee Regulatory Committee's Determination in Telangana Professional College Fee Dispute. Court Sets Aside High Court's Re-determination of Fees for B.E./B.Tech Courses for Block Period 2016-2019, Upholding Expert Committee's Uniform Fee of Rs.97,000 per Student.

The Supreme Court considered appeals arising from a dispute over the fixation of fee structure for B.E. and B.Tech courses in private unaided professi...

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Bombay High Court Upholds TDS Provisions Under Goa VAT Act for Works Contracts — Rule 4A and Entry C-14 Held Valid. Amendment to Section 28(1) of Goa Value Added Tax Act, 2005 for deduction of tax at source from payments to contractors is constitutionally valid and not ultra vires.

The petitioners, including the All Goa Contractors Association and four contractor companies, challenged the constitutional validity of Rule 4A insert...

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High Court of Bombay at Goa Dismisses Appeal by KTC in Motor Accident Claim — Negligence of Bus Driver Upheld. Compensation of Rs. 5,52,000 awarded to widow and children of deceased van driver, with income assessed at Rs. 3,000 per month, multiplier 16, and 50% future prospects.

The case arises from a motor accident claim filed by the widow and minor children of Francisco Da Costa, who died in a collision between a Maruti van ...