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Bombay High Court Dismisses Appeal Against Summary Judgment in Bank Guarantee Enforcement Case. Court holds that invocation of bank guarantee is independent of underlying contract disputes and must be honoured unless fraud or irretrievable injustice is established.

The case arises from a summary suit filed by Bank of India (the respondent) against the appellants, who were the original defendants, for enforcement ...

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Bombay High Court Partly Allows Writ Petition Challenging Civil Judge’s Orders on Cancellation of Evidence and Examination of Unnamed Witness. Orders Set Aside as Civil Court Lacked Power to Cancel Tendered Evidence and Leave Under Order XVI Rule 1(3) CPC Was Not Properly Obtained.

A partnership firm filed a civil suit against the petitioners for delivery of possession and mesne profits. The suit was pending before the Civil Judg...

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High Court Quashes Land Acquisition Award for Lack of Notification Under Section 13 of the Maharashtra Project Affected Persons Rehabilitation Act, 1999. Acquisition Proceedings for Resettlement of Project-Affected Persons Found Void Due to Non-Declaration of Affected and Benefitted Zones.

The dispute arose from a writ petition filed under Article 226 of the Constitution by eleven agriculturists whose lands in Bhendegaon Khurd village we...

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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 of Driver. The court held that in the absence of proof of income, notional income should be applied and compensation reduced.

The judgment involves three miscellaneous first appeals filed by the Oriental Insurance Company against awards passed by the Motor Accidents Claims Tr...

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Karnataka High Court Grants Interim Stay on Notification Cancelling Nomination of Chairman of Karnataka State Minorities Commission; Examination of Pleasure Doctrine and Natural Justice Under Sections 4 and 5 of the Act

The petitioner, Abdul Azeem, a former Chairman of the Karnataka State Minorities Commission, filed a writ petition before the Karnataka High Court und...

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High Court of Bombay Dismisses Insurance Company's Appeal in Motor Accident Claim — Compensation of Rs.68,23,000 Upheld. Computation of Loss of Dependency Based on Deceased's Annual Income of Rs.12,00,000 with 50% Future Prospects and Deduction of 1/3rd for Personal Expenses.

The case arises from a motor accident claim petition filed by the widow and son of Shivram Nake, who died in a road accident on 06.09.1995. The deceas...