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Supreme Court Allows Appeal in Insurance Claim Dispute — Upholds Consumer Fora Orders for Compensation. Ownership of Vehicle Not Transferred Despite Sale Agreement; Insurer Liable to Pay Claim Amount with Interest.

The Supreme Court allowed the appeal filed by Surendra Kumar Bhilawe against The New India Assurance Company Limited, setting aside the National Commi...

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Bombay High Court Upholds Labour Court Award of Reinstatement with Back Wages for Workman Retrenched Due to Computerization. Introduction of computers does not constitute a valid ground for retrenchment without compliance with Section 25-F of the Industrial Disputes Act, 1947.

The judgment arises from two writ petitions challenging a common award of the Labour Court dated 19th September 2002. The workman, Mohammed Asad Khan,...

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Bombay High Court Allows Second Appeal in Partition Suit — Sales by Karta Not Binding on Coparceners. Hindu Law Requires Legal Necessity for Alienation of Joint Family Property; Burden on Alienee Not Discharged.

The case involves a second appeal filed by the original defendant no.1 against the judgment of the appellate court which held that sales effected by d...

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Bombay High Court Allows Second Appeal in Specific Performance Suit — Holds That Payments Made to Authorized Representatives of Partnership Firm Are Valid Under Contract Act. Burden of Proof Shifts to Defendants When Plaintiff Proves Payment to Persons Held Out as Authorized in Brochure.

The case involves a second appeal filed by the original plaintiff, Mr. Sharad Prabhudas, against the judgment of the First Appellate Court which rever...

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Bombay High Court Allows SICOM's Petition Under Section 31(1)(aa) of SFC Act Against Guarantors for Recovery of Loan Defaulted by Borrower Company. Guarantors Held Jointly and Severally Liable Under Common Deed of Guarantee for Term Loan Granted to Principal Borrower.

The petitioner, SICOM Limited, a State Financial Corporation, filed a petition under Section 31(1)(aa) of the State Financial Corporation Act, 1951, s...

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Bombay High Court Upholds Conviction for Cheating and Prize Chit Offences in Bhisi Scheme Case. Oral evidence of members sufficient to prove conventional chit and dishonest intention under Section 420 IPC and Prize Chits and Money Circulation Schemes (Banning) Act, 1978.

The case involves two criminal revision applications filed by the applicants/accused, Subhadrabai Pawar and others, challenging their conviction under...

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Bombay High Court Adjudicates Section 34 Petition Against Arbitral Award on Termination and Repudiation of Master Asset Purchase Agreement. Arbitrator's Finding of Repudiation by Purchaser and Direction for Refund of Consideration under MAPA Considered.

The dispute arose from a Master Asset Purchase Agreement (MAPA) dated 31st March 2005 between Siddhivinayak Realties Pvt. Ltd. as purchaser and V Hote...