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Madras High Court Allows Second Appeal in Specific Performance Suit — Sets Aside First Appellate Court's Decree Due to Non-Compliance with Order 41 Rule 31 CPC. Failure to Frame Points for Determination and Provide Independent Reasoning Renders Appellate Judgment Unsustainable.

The appellant/defendant, Thailammal, was the owner of the suit property. The respondent/plaintiff, Kalaivendan, filed a suit for specific performance ...

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Appellant Appeals Compensation Award -- High Court Limits Insurer Liability to Indemnity Terms -- Medical Expenses and Interest Excluded Under Policy Conditions in Employees Compensation Act Case

The Divisional Manager of Appellant Company appealed against a compensation award that held the insurer liable for medical expenses and interest under...

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Bombay High Court Quashes Port Trust Demurrage Circular for Lack of Authority. Traffic Manager Cannot Levy Demurrage Without TAMP Approval Under Major Port Trusts Act, 1963.

The petitioners, M/s Kundil Sponge Iron Limited and its director Vijay Kashyap, filed a writ petition under Article 226 of the Constitution of India c...

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High Court of Karnataka Enhances Compensation for Motor Accident Victim in MFA No.102828/2014. Court allowed appeal under Section 173(1) of Motor Vehicles Act, 1988, enhancing compensation from Rs.1,50,000 to Rs.2,50,000 with interest at 6% per annum.

The appellant, Shri Ninganagouda, filed an appeal under Section 173(1) of the Motor Vehicles Act, 1988, challenging the judgment and award dated 16.09...

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Bombay High Court Upholds Incentive Scheme for FCI Loaders but Directs Strict Monitoring to Prevent Abuse of Government Funds. Court finds that while the incentive scheme is legal, its implementation has led to exorbitant earnings and siphoning of funds through collusion with officials.

The Bombay High Court, Nagpur Bench, took suo motu cognizance of a newspaper report in The Times of India alleging that departmental loaders in Food C...

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Bombay High Court Dismisses Appeal by ST Corporation in Motor Accident Claim — Negligence of Bus Driver Upheld. Compensation of Rs 8,27,600 for Death of Primary Teacher in Bus-Jeep Collision Not Excessive.

The appeal was filed by the Maharashtra State Road Transport Corporation against the judgment and award dated 27-06-2003 passed by the Motor Accident ...

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Bombay High Court Directs MIDC to Recalculate Water Charges for Industrial Unit Considering Water Used as Raw Material. Court Holds That Water Charges Must Be Based on Actual Consumption and Not Arbitrary Rates, and That Delayed Payment Charges Cannot Be Levied Without Proper Adjudication.

The Petitioner, Zawar Sales Limited, a small-scale industry engaged in manufacturing, filed a writ petition seeking a direction to the Maharashtra Ind...

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Bombay High Court Allows Appeal in Part Reducing Compensation in Motor Accident Claim Due to Wrong Multiplier. Multiplier of 13 applied instead of 20 based on age of claimants, reducing award from Rs.2,73,000 to Rs.1,74,000.

The appeal was filed by the National Insurance Co. Ltd. and the owner of the truck against the judgment and award of the Motor Accident Claims Tribuna...

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High Court of Bombay at Goa Enhances Compensation for Death of Minor Child in Motor Accident. Parents awarded Rs. 1,50,000 with interest under Motor Vehicles Act, 1988 for loss of dependency and consortium.

The appellants, parents of the deceased minor Suraj, filed a claim petition before the Motor Accident Claims Tribunal at Mapusa seeking compensation o...

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NCLAT Dismisses Appeal Against Rejection of Section 7 Application for CIRP — Claimants Failed to Prove Debt and Default. The Tribunal held that the Appellants did not establish the existence of a financial debt or default, and the application was barred by limitation.

The present appeal was filed by Vistra ITCL (India) Limited, Pratiti Trading Private Limited, and Gajendra Investment Limited (Appellants) against the...