Search Results for "liberal interpretation"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
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Search Results for "liberal interpretation"

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High Court

High Court of Bombay at Nagpur Allows Appeal in Railway Accident Claim Case — Deceased's Fall from Train Held as 'Untoward Incident' Under Section 124A of Railways Act, 1989. Claimants Entitled to Compensation as Death Occurred Due to Accidental Fall While Boarding/Alighting, Not Due to Self-inflicted Injury or Negligence.

11 Apr 2023

The appeal arises from a judgment and award dated 26.11.2019 passed by the Railway Claims Tribunal, Nagpur, which rejected the claim for compensation ...

High Court

Bombay High Court Allows Appeal in Railway Accident Claim Case Due to Failure to Consider Evidence and Applicable Legal Principles. The Court held that the Tribunal erred in dismissing the claim for compensation under Section 124A of the Railways Act, 1989, as the evidence suggested the deceased was a bonafide passenger and the incident was an untoward incident.

2 Jan 2023

The appeal was filed by the parents of Pradip Krishnarao Kale, who died on 30th March 2003 while travelling by Sevagram Express from Dadar to Nagpur. ...

High Court

Bombay High Court Allows Appeal in Railway Accident Claim Case Due to Failure to Consider Evidence. Tribunal's Rejection of Compensation Claim Set Aside as Deceased Was a Bona Fide Passenger and Death Occurred Due to Accidental Fall from Train.

20 Oct 2022

The appellants, sons of the deceased Dhondabai, filed a claim petition before the Railway Claims Tribunal, Nagpur, seeking compensation for the death ...

High Court

Bombay High Court Dismisses State's Appeal in MVAT Case — Tribunal's Liberal Interpretation of Section 23(5) Upheld for Concessional Tax Rate on C Forms. The court held that the Tribunal was justified in allowing the respondent's claim for concessional rate of tax under Section 23(5) of the MVAT Act, 2002, even though the claim was not part of the original assessment order.

8 Sep 2022

The State of Maharashtra filed an appeal under Section 27 of the Maharashtra Value Added Tax Act, 2002 (MVAT Act) challenging the judgment of the Maha...

High Court

Bombay High Court Allows Appeal Against Railway Claims Tribunal Rejection of Compensation for Untoward Incident. Held that strict proof of boarding train is not required under Section 124-A of Railways Act, 1989 and the claimant's version must be accepted unless rebutted by strong evidence.

12 Apr 2022

The appellant, Nitin Navindas Hundiwala, a 75-year-old consultant, filed a claim for compensation under Section 124-A of the Railways Act, 1989, read ...

High Court

Bombay High Court Dismisses Petition Seeking Return of Plaint in Specific Performance Suit, Holds Dispute Falls Within Commercial Dispute Definition. Agreement for Development of Land Involves Commercial Activity Under Section 2(1)(c)(vii) of Commercial Courts Act, 2015.

22 Dec 2021

The petitioner, original defendant no.3(a) to 3(c) in a suit for specific performance of a development agreement dated 1st October 2014, filed a writ ...

Supreme Court

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.

24 Apr 2020

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...

High Court

Bombay High Court Partially Sets Aside Arbitral Award in Construction Dispute — Award of Interest on Interest and Pendente Lite Interest on Mobilisation Advance Held Contrary to Contract. The court found patent illegality in the award of compound interest and interest on mobilisation advance beyond contractual terms, and remitted counter claims for fresh consideration.

13 Aug 2015

The petitioner, M/s P.N. Writer & Co. Pvt. Ltd., challenged an arbitral award dated 13 February 2012 under Section 34 of the Arbitration and Conciliat...

High Court

Bombay High Court Holds Executors Entitled to Evict Gratuitous Licensee from Flat Bequeathed Under Will. The court ruled that the defendant, a step-grandson occupying Flat No.501 as a family member, was a gratuitous licensee and not a tenant, and the civil court had jurisdiction to entertain the suit for possession.

15 Oct 2013

The suit was filed by the plaintiffs, John Francis Anthony Gonsalves and Charles Willibroad Gonsalves, who are brothers and executors of the will of t...

High Court

Bombay High Court Dismisses Petitions Challenging POTA Sanction and Review Committee's Confirmation. Court upholds validity of sanction under Section 45 of POTA and affirms that POTA Review Committee has jurisdiction to confirm or revoke sanction under Section 60 of POTA.

17 Sep 2010

The petitioners, who were accused in a case involving offences under the Prevention of Terrorism Act, 2002 (POTA) and the Unlawful Activities (Prevent...

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