Search Results for "Reference court enhancement"

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High Court of Karnataka Allows Appeal by School Principal in Motor Vehicle Accident Claim — Reduces Compensation Due to Contributory Negligence. Pedestrian crossing road without care held 50% contributorily negligent, reducing liability of vehicle owner and insurer under Motor Vehicles Act, 1988.

The case arises from a motor vehicle accident claim. The appellant, Principal of St. Mary's Convent, owned a vehicle involved in an accident with a pe...

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Bombay High Court Quashes Trial Court's Order Refusing Amendment in Land Acquisition Reference, Permits Inclusion of Mango Tree Claim. Amendment Sought Six Years After Filing of Reference Under Section 18 of Land Acquisition Act, 1894 Allowed as Pragmatic View Required to Subserve Ends of Justice.

The case arose from a land acquisition proceeding in which the petitioner's land was acquired, and he filed a reference under Section 18 of the Land A...

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Bombay High Court Enhances Compensation for Deceased Daily Wage Earner in Motor Accident Claim — Multiplier Based on Deceased's Age, Future Prospects, and Filial Consortium Granted. Employer's Non-Compliance with Labour Laws Not Determinative of Employment; Preponderance of Probabilities Standard Applied.

The appellants, parents and brother of 19-year-old Sagar Gavade, filed a First Appeal against the judgment and award of the Motor Accident Claims Trib...

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Bombay High Court Dismisses Delay Condonation Applications by Irrigation Corporation in Land Acquisition Appeals. Limitation Act, 1963 Section 5 — Sufficient Cause Not Established for 4-Year Delay in Filing First Appeals Against Enhanced Compensation Award.

The judgment pertains to nine civil applications filed by the Vidarbha Irrigation Development Corporation (the appellant) seeking condonation of delay...

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High Court of Karnataka Allows Appeal in Land Acquisition Case — Enhances Compensation to Rs.35,750 per Acre. Market Value Determined Based on Comparable Sale Deed and Precedent Judgment in Nagamma's Case.

The appellants, owners of dry land measuring 3 acres 8 guntas in Yelmamadi village, Chincholi Taluk, Kalaburagi District, had their land acquired by t...

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High Court Dismisses Appeal as Time-Barred in Land Acquisition Compensation Case — Delay of 179 Days Beyond Extended Limitation of 120 Days Cannot Be Condoned Under Section 74(1) of RFCTLARR Act, 2013.

The appellant, Karnataka Neeravari Nigama Limited, filed an appeal under Section 74(1) of the Right to Fair Compensation and Transparency in Land Acqu...

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Bombay High Court Allows Writ Petition Challenging Denial of Drug Licence Based on Previous Licensee's Misconduct. Licensing Authority Must Consider Applicant's Own Suitability Under Drugs and Cosmetics Act, 1940 and Rules, 1945.

The petitioner, Namdev Genba Parthe, through M/s. Kulswami Medical & General Stores, applied for a retail drug licence from premises at 188, Ambedkar ...

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High Court of Karnataka Quashes FIR in SC/ST Act Case Due to Lack of Public View Requirement. Alleged Caste-Based Insult in Private Setting Not Attracting Section 3(1)(x) of SC & ST (Prevention of Atrocities) Act, 1989.

The petitioners, 22 individuals, filed a writ petition under Article 226 of the Constitution read with Section 482 CrPC seeking quashing of FIR No. 20...

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High Court of Gujarat Enhances Compensation for Motor Accident Victim in Appeal Against Tribunal Award. Claimant's Income Reassessed and Multiplier Applied Correctly Under Motor Vehicles Act, 1988.

The appellant, Rajendrasinh Narendrasinh Jadeja, filed a first appeal under Section 173 of the Motor Vehicles Act, 1988, against the judgment and awar...