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High Court of Gujarat Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Lack of Proof of Income and Negligence of Driver. Claimants failed to establish income of deceased and contributory negligence was not considered by Tribunal.

The present appeals were filed by the National Insurance Company Ltd. under Section 173 of the Motor Vehicles Act, 1988, challenging the judgment and ...

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High Court of Karnataka Dismisses Writ Petition Challenging Rejection of Application for Adverse Inference and Denial of Cross-Examination in Commercial Suit. Trial Court's Discretion Upheld as No Perversity or Arbitrariness Shown Under Article 227 of Constitution of India.

The petitioner, Sivagami N., was the first defendant in a commercial suit (Com.OS 64/2022) pending before the LXXXV Additional City Civil and Sessions...

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Supreme Court Lays Down Pan-India Guidelines Against Demolition of Properties of Accused Without Due Process. Executive Cannot Use Demolition as Punishment for Crime; Right to Shelter Protected Under Article 21.

This batch of writ petitions under Article 32 of the Constitution of India raised a grievance that residential and commercial properties of persons ac...

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Bombay High Court Allows Second Appeal in Land Revenue Case — Tahsildar's Auction Notice Without Following Section 63 of Maharashtra Land Revenue Code, 1956 Invalid. Appellants' Long-Standing Possession and Licenses for Brick Manufacturing on Government Land Protected.

The case involves a second appeal filed by the appellants, who are brick makers and kavelu makers, against the State of Maharashtra. The appellants ha...

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Supreme Court Upholds Constitutional Validity of Section 43B(f) of Income Tax Act — Leave Encashment Deduction Allowed Only on Actual Payment. Clause (f) is not arbitrary or violative of Article 14 as it serves a legitimate purpose of preventing abuse and ensuring employee welfare.

The Supreme Court in this appeal considered the constitutional validity of clause (f) of Section 43B of the Income Tax Act, 1961, which was inserted b...

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Bombay High Court Dismisses Appellant's Second Appeal in Housing Board Dispute — Unauthorized Construction Not Ipso Facto Nuisance but Concurrent Findings Upheld. Civil Court Has Jurisdiction Despite Section 71 Bar of Maharashtra Housing and Area Development Act, 1976 as Suit Pertains to Private Rights.

The case involves a second appeal by the original defendant No.1, Sau. Smita Mohod, against concurrent judgments and decrees passed by the Trial Court...

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Bombay High Court Allows Insurer's Appeal in Part and Enhances Compensation for Claimants in Goods Carriage Accident — Deceased Traveling as Owner of Goods Not Gratuitous Passenger. Insurer Directed to Pay Enhanced Compensation with Pay-and-Recover Rights Under Motor Vehicles Act, 1988.

The appeals arise from a judgment and award dated 26.09.2012 passed by the Motor Accident Claim Tribunal, Ahmednagar in M.A.C.P. No.80/2010 under Sect...