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High Court of Karnataka Allows Insurance Company's Appeal in Motor Accident Claim Cases — Reduces Compensation Due to Lack of Proof of Income and Negligence. The court held that the Tribunal erred in fixing income and contributory negligence without proper evidence, reducing compensation amounts.

The case involves multiple appeals arising from motor accident claims. The New India Assurance Co. Ltd. appealed against awards in MVC No. 75/2004 and...

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Bombay High Court Dismisses Petition to Restrain Encashment of Performance Bank Guarantee in Arbitration Dispute. Court holds that bank guarantee is an independent contract and injunction can only be granted in cases of fraud or irretrievable injustice, which were not established.

The petitioner, Karam Chand Thapar & Bros. (Coal Sales) Ltd., filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking ...

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Bombay High Court Upholds Reinstatement of Employee in Education Service Dispute — Illegal Termination Violates M.E.P.S. Rules. Employee's discontinuation without inquiry and notice held illegal; employer directed to reinstate with back wages and continuity.

The case involves an appeal by an educational institution and its headmaster against a common judgment of a Single Judge of the Bombay High Court. The...

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High Court of Karnataka Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Lack of Proof of Income and Negligence. Owner of Vehicle Held Liable for Contributory Negligence as Driver Was Not Holding Valid Driving License.

The case involves multiple appeals arising from motor accident claims. The accident occurred on 22nd September 2003 when a motorcycle driven by Yousur...

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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.

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 ...

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Bombay High Court Allows Contractor's Appeal in Arbitration Act Case — Restoration of Majority Award on Escalation Clause Interpretation. Section 30 of the Arbitration Act, 1940 Not Attracted as Arbitral Interpretation of Contract Clause Was Plausible.

The appeal arose from an order of a learned Single Judge of the Bombay High Court setting aside a majority arbitral award under Section 30 of the Arbi...

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Division Bench of Bombay High Court Hears Appeals from Single Judge Order Refusing to Set Aside Ex-Parte Decree in Summary Suit. Ex-Parte Decree Passed in Diamond Supply Suit Under Order XXXVII CPC After Defendants Failed to Comply with Conditional Deposit Order.

The dispute arose from a summary suit filed by Sailam BVBA, a Belgian partnership firm, against Helios Jewellery Pvt Ltd (Defendant No.1) and its four...