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Supreme Court Allows Appeal in Motor Accident Claim Case, Restores Tribunal's Finding on Negligence and Enhances Compensation. Contributory negligence cannot be presumed without evidence; monthly income assessed at Rs.62,725/- based on pay slip.

The present appeals arise from a motor accident claim where the deceased, Boobalan, aged 38, died in a collision with a BMTC bus on 6 June 2016. The d...

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Supreme Court Allows Appeal in Arbitration Appointment Case — Withdrawal of Section 11 Petition Does Not Bar Fresh Application Under IBC. Order 23 Rule 1 CPC Not Applicable to Arbitration Petitions; Section 9 IBC and Section 11 Arbitration Act Seek Different Reliefs.

The Supreme Court allowed the appeal filed by M/s HPCL Bio-Fuels Ltd. against the judgment of the Bombay High Court which had appointed a sole arbitra...

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Supreme Court Allows Appeal in Res Judicata Case — High Court Erred in Dismissing Second Appeal Without Considering Substantial Question of Law. The suit for declaration of title and possession was not barred by res judicata as the earlier suit did not adjudicate the rights of co-defendants.

The plaintiff-appellant, Har Narayan Tewari, filed Title Suit No.9/89 for declaration of title and possession over 0.30 acres of land (0.12 acres of P...

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Bombay High Court Quashes FIR Against Recovery Officer in CBI Corruption Case — Applicant Not a Public Servant Under Prevention of Corruption Act. Employee of Private Recovery Agency Cannot Be Prosecuted Under Section 7 of PC Act as He Is Not a 'Public Servant' Under Section 2(c) of the Act.

The applicant, Prashant Vinayakrao Sable, was employed as a Recovery Officer with M/s. Yash Consultancy Services, a private recovery agency engaged by...

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Bombay High Court Dismisses Appeal Against Arbitral Award in Stockbroker Dispute, Upholds Limitation and Maintainability. The Court held that the claim was within limitation due to acknowledgement of debt and that the arbitration application was maintainable despite directors' disqualification.

The Appellant, Kaynet Finance Limited, a member-broker at the National Stock Exchange of India, was appointed by the Respondent, Verona Capital Limite...

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Bombay High Court Allows Petition Challenging Cancellation of BUMS Admission on Equitable Grounds. Court Directs Respondents to Consider Petitioner's Case Sympathetically Despite Eligibility Shortfall Under Indian Medicine Central Council Act, 1970 and Regulations.

The petitioner, Ms. Asma Amin Siddiqui, challenged the cancellation of her admission to the Bachelor of Unani Medicine and Surgery (BUMS) course at Mo...