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Bombay High Court Dismisses Petition Seeking Variation of Consolidation Scheme Under Section 32 of Maharashtra Prevention of Fragmentation and Consolidation of Holdings Act, 1948 — Scheme Finalized in 1990 Cannot Be Varied After 29 Years Due to Laches and Lack of Jurisdiction.

The petitioners, Kisan Bhimrao Patil and others, filed a writ petition under Articles 226 and 227 of the Constitution of India before the Bombay High ...

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Bombay High Court Dismisses Insurance Company's Appeal Against Compensation Award in Motor Accident Claim — Negligence Proved and Quantum Upheld. Deceased's Income Reduced to Rs.2,800 per Month but 50% Future Prospects and Multiplier of 18 Applied Correctly.

The case arises from a motor accident claim filed by the parents of a deceased 25-year-old man who died in a vehicular accident. The claimants, Ramrao...

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Karnataka High Court Dismisses Second Appeal in Suit for Specific Performance — Concurrent Findings of Fact Not Interfered With. Court holds that concurrent findings of fact regarding readiness and willingness and limitation cannot be disturbed in second appeal under Section 100 CPC unless perverse.

The present second appeals arise out of a suit for specific performance of a contract for sale of land. The appellants, who are the legal representati...

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High Court of Karnataka Dismisses Regular Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Suit for Declaration and Injunction Dismissed as Plaintiff Failed to Prove Title and Possession.

The present Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) was filed by the appellants (legal representatives of t...

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High Court of Karnataka Allows Appeal by Insured in Workmen Compensation Case — Employer-Employee Relationship Not Established. Commissioner's Award Set Aside as Claimants Failed to Prove Deceased Was a 'Workman' Under Section 2(1)(n) of the Employees' Compensation Act, 1923.

The appeal was filed by Sri Ajjegowda, the owner of a tractor and trailer, challenging the judgment and award dated 24.02.2016 passed by the Principal...

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Gujarat High Court Partly Allows Insurance Company's Appeal, Reduces Interest Rate in Motor Accident Claim. Claimant's compensation of Rs.19,08,550 upheld but interest reduced from 9% to 7.5% per annum under Section 173 of Motor Vehicles Act, 1988.

The case arises from a motor accident that occurred on 18.06.2011 when the claimant, a pedestrian, was hit by a tanker bearing registration No. GJ-6-V...

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High Court of Gujarat Allows Appeal in Motor Accident Claim — Reduces Contributory Negligence from 20% to 10% and Enhances Compensation. Claimant's contributory negligence reduced as panchnama showed jeep driver solely negligent; compensation enhanced under Motor Vehicles Act, 1988.

The appellant, Navinbhai Trikmabhai Kag (Patel), was the original claimant in a motor accident claim arising from an accident on 03.04.1999. He was dr...

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Bombay High Court Allows Appeal Against Review Order in Partition Suit — Amendment of Plaint Allowed at Appellate Stage. Order XLIII Rule 1(w) CPC — Review Court erred in setting aside amendment granted by appellate court under Order VI Rule 17 CPC.

The present appeal arises from a partition suit filed by the original plaintiff (respondent No.1) seeking partition and separate possession of joint f...