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Bombay High Court Allows Insurance Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence of Deceased. Deceased pedestrian held 50% contributorily negligent for crossing highway without care; insurer's liability reduced proportionately under Motor Vehicles Act, 1988.

The case arises from a motor accident claim filed by the legal heirs of a deceased pedestrian against the owner and insurer of a truck. The accident o...

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Supreme Court Upholds Hotel Liability for Theft of Guest's Car from Valet Parking Under Bailment and Infra Hospitium Principles. Insurer as Subrogee Can File Consumer Complaint Jointly with Assured.

The appeal arose from a judgment of the National Consumer Disputes Redressal Commission dismissing the hotel's appeal against an order of the State Co...

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Bombay High Court Upholds Conviction for Simple Hurt in Rape Case Acquittal Appeal — Appellants Acquitted of Rape but Convicted Under Section 323 IPC for Assaulting Prosecutrix.

The appellants, Sonu Babu Pival and Kanta Sonu Pival, were convicted by the Sessions Judge, Pune on 14.8.1996 in Sessions Case No.379 of 1995. They we...

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High Court Dismisses Writ Appeal in Cooperative Society Dispute, Upholds Single Judge's Order Directing Joint Registrar to Decide Application on Merits. Frivolous and prolonged litigation erodes faith in justice delivery system.

The appellant, Sri G. Krishnamurthy, had been involved in a long-standing dispute with the MICO Associates Housing Cooperative Society Ltd. The appell...

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Bombay High Court Dismisses Writ Petition Challenging SARFAESI Proceedings Against Partnership Firm and Guarantors. SARFAESI Act Section 13(2) Notice Validly Issued Against Principal Borrower and Guarantors, and Section 17 Application Before DRT Is the Appropriate Remedy.

The petitioners, M/s. Otoklin Global Business (a partnership firm) and its partner Mr. Dhaval Dilip Jhaveri, filed a writ petition under Article 226 o...

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Bombay High Court Quashes FIR Against Accused in Cheating Case Due to Civil Nature of Dispute. Loan Default by Cooperative Bank Borrower Does Not Attract Criminal Offences Under Sections 406, 420 IPC When Transaction is Commercial and No Deception at Inception.

The petitioner, Niranjan s/o Shripatrao Jadhav, was named as accused No.1 in Crime No.I-47/11 registered on 4.5.2011 with Bidkin Police Station, Distr...

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High Court Dismisses Commercial Appeal in Lease Dispute, Upholding Decree for Arrears and Charges. The lessee's claim for termination and damages was rejected as the lease agreement remained valid until vacation, and no rent waiver was agreed during COVID-19 lockdown under the leave and licence agreement.

The dispute arose from a leave and licence agreement dated 21.10.2019 between Sure Waves Media Tech Private Limited (lessee) and Mr. Fathiraj (lessor,...

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High Court Dismisses Writ Petition Seeking Mandamus for Land Dispute — Alternative Civil Remedy Available. Petitioner's representations to Deputy Commissioner for action against private respondents cannot be entertained in writ jurisdiction when civil suit for injunction is already pending.

The petitioner, R. Lakshman @ Lakshmana Reddy, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a writ of mandamu...