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Supreme Court Allows Appeal of Claimant in Motor Accident Case — Functional Disability Assessed at 100% for Amputation of Leg. Amputation of Right Leg Above Knee Results in 100% Functional Disability for a Carpenter, Entitling Enhanced Compensation Under Motor Vehicles Act, 1988.

The appellant, a 38-year-old carpenter, sustained grievous injuries in a motor vehicle accident on 09.11.2004 when a jeep driven rashly and negligentl...

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High Court of Karnataka Allows Appeal in Recovery Suit, Sets Aside Decree Due to Non-Production of Best Evidence. Adverse Inference Drawn Under Section 114(g) of Indian Evidence Act, 1872 Against Plaintiff Who Failed to Produce Written Agreement and Delivery Challans.

The appellant, Karnataka State Agro Corn Products Ltd., a Government of Karnataka undertaking, was the defendant in a suit for recovery of money filed...

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High Court of Bombay at Goa Allows Appeal in Motor Accident Claim Case Due to Erroneous Standard of Proof. Tribunal's requirement of eye witnesses to prove rash and negligent driving held contrary to preponderance-of-probabilities standard in Motor Vehicles Act, 1988 claims.

The litigation arose from a motor accident claim. The appellants were the minor siblings and widowed mother of Kirti Bhalchandra Chodankar, who died i...

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Supreme Court Examines Constitutionality of Prohibitory Orders Under Section 144 CrPC Restricting Public Assembly. Judgment Clarifies That Reasonable Restrictions on Speech and Assembly Must Be Just, Fair and Reasonable Under Articles 19 and 21.

The Supreme Court initiated a suo motu criminal writ petition regarding the incident at Ramlila Maidan on 4-5 June 2011, involving the imposition of p...

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High Court of Bombay at Goa Allows Appeal Under Section 37 of Arbitration Act, Setting Aside Order Refusing Territorial Jurisdiction Under Section 9. Court Holds That Part of Cause of Action Arising in Goa Confers Jurisdiction on Goa Courts.

The appellants, M/s. Nivaran Solutions and its partners, filed an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, against an or...

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High Court of Bombay at Goa Allows Appeal Under Section 37 of Arbitration Act, Setting Aside Order Refusing Territorial Jurisdiction for Section 9 Application. Court Holds That Cause of Action Arises Partly in Goa Where Agreements Were to Be Performed, Conferring Jurisdiction on Goa Courts.

The appellants, M/s. Nivaran Solutions (a partnership firm) and its partners, filed an appeal under Section 37 of the Arbitration and Conciliation Act...