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High Court of Gujarat Enhances Compensation for Injured Motorcyclist in Motor Accident Claim — Tribunal's Award of Rs.10,44,212/- Modified to Rs.25,00,000/- with 9% Interest. Future Loss of Income Recalculated Based on Notional Income of Rs.4,500/- per Month and 40% Disability.

The appellant, Ambala Muljibhai Makwana (since deceased, represented by legal heirs), was driving a motor cycle on 18.01.2003 when a tanker bearing re...

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Bombay High Court Allows Writ Petition Challenging Abatement of Settlement Applications Under Section 245HA of Income Tax Act, 1961. Settlement Commission's order set aside as it failed to consider that delay in passing final order was not attributable to the applicant.

The petitioner, Mahesh Gupta, as Karta of Mahesh Gupta HUF, challenged an order dated 11 January 2008 passed by the Income Tax Settlement Commission (...

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Supreme Court Allows Employer's Appeal in Gratuity Dispute — Trust Deed and Scheme Capped Gratuity at Statutory Limit Under Payment of Gratuity Act, 1972. Employer's Gratuity Scheme Did Not Abandon Statutory Ceiling; Employee Entitled Only to Statutory Maximum.

The appeal arose from a dispute between BCH Electric Limited (appellant-employer) and Pradeep Mehra (respondent-employee) regarding the quantum of gra...

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Gujarat High Court Dismisses Condonation of Delay Application in Land Acquisition Appeal Due to Unexplained Delay of 2014 Days. Delay of 2014 days in filing first appeal against compensation award not condoned as government failed to provide sufficient cause under Section 5 of Limitation Act.

The present civil application was filed by the Special Land Acquisition Officer, Unit 1 and another under Section 5 of the Limitation Act seeking cond...

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KAHC010448052021_1

These Miscellaneous First Appeals were filed by the Assistant Executive Engineer of Visvesvaraya Jala Nigam Limited, the acquiring body, challenging t...

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Bombay High Court Allows Appeal for Enhanced Compensation in Motor Accident Claim - Deceased Pan Shop Owner's Income Assessed at Rs.6,000 per Month with Multiplier of 18. Negligence of Driver Established; No Contributory Negligence; Compensation Enhanced to Rs.5,00,000.

The appeal arises from a judgment and award dated 2.1.2006 passed by the Motor Accident Claims Tribunal, Wardha in M.A.C.P. No.49 of 2003. The claiman...

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Bombay High Court Upholds Levy of Fees on Transporters and Traders Under Essential Commodities Act for Maintenance of Public Distribution System. The court held that the levy under Section 3(3)(f) of the Essential Commodities Act, 1955 is a valid regulatory fee and not a tax.

The judgment involves multiple writ petitions and civil applications challenging the levy of fees on transporters and traders under the Maharashtra Es...

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Bombay High Court Dismisses Petition in Property Dispute Between Near Relations — Upholds Concurrent Findings of Courts Below. Adverse Possession Claim Fails as Petitioner Failed to Prove Hostile Possession and Ouster of True Owner.

The dispute pertained to a property tussle between near relations. The petitioner, M/s Jwel Buildcon Pvt. Ltd., claimed title by adverse possession ov...