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Bombay High Court Allows Impleadment of Beneficiaries in Trust Petition — Order 1 Rule 10 CPC Applies. Court holds that persons claiming beneficial interest under a trust are necessary and proper parties to a trust petition under Section 41A of the Presidency Small Cause Courts Act, 1882.

The case involves a Chamber Summons filed by the petitioner, Harishchandra Amarnath Puri, in a Trust Petition (No. 1 of 2017) pending before the Bomba...

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KAHC010142892018_1

These cross-appeals arose from the Judgment and Award dated 19.01.2018 in MVC No. 758/2015 passed by the Motor Accidents Claims Tribunal, Mysuru. The ...

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Bombay High Court Upholds Eviction of Tenant for Using Commercial Shop for Residential Purposes Under Section 13(1)(a) of Bombay Rent Act. Change of User from Business to Residence Constitutes Acts Contrary to Section 108(o) of Transfer of Property Act, Even Without Physical Damage.

The case involves a dispute between the original plaintiff-respondent, Prabhakar Shravan Shinde, the owner of two shops in Kalyan, and the original de...

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Bombay High Court Dismisses Second Appeal in Suit for Possession Based on Title — Concurrent Findings of Fact Not Interfered With. Court upholds that a co-owner can sue for possession without impleading other co-owners and that adverse possession cannot be claimed against a co-owner.

The case involves a second appeal filed by the original defendants against the concurrent decrees of the trial court and first appellate court in a su...

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Karnataka High Court Reduces Compensation in Motor Accident Claims for Rider of Motorcycle Under Section 163A of Motor Vehicles Act. Rider Held Not Entitled to Full Compensation as Liability Limited to Contractual Personal Accident Cover of Rs.1,00,000.

The case involved a fatal motorcycle accident on 08.12.2007 where the rider lost control and collided with a roadside stone, resulting in the death of...

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High Court of Karnataka Dismisses Insurance Company's Appeal in Motor Accident Claim — Upholds Award for Loss of Dependency and Funeral Expenses. Claimants entitled to compensation for death of breadwinner under Motor Vehicles Act, 1988.

The case arises from a motor accident claim petition filed by the legal representatives of the deceased, Dandesh Patil, who died in a road accident in...