Search Results for "benevolent legislation"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Bombay High Court at Goa Dismisses Review Petition in Partition Suit Impleadment...
Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witn...

Search Results for "benevolent legislation"

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High Court

High Court of Bombay at Bombay Dismisses Insurance Company's Appeal in Motor Accident Claim — Insurer Failed to Prove Driver Had No Valid License. The Court upheld the MACT award of Rs. 77,27,864/- with interest, holding that the insurer did not discharge its burden under Section 149(2)(a)(ii) of the Motor Vehicles Act, 1988.

16 Jun 2026

The case arises from a motor accident claim filed by the legal representatives of the deceased, Hujefa Ejaj Anjum Usmani, who died in a vehicular acci...

High Court

Gujarat High Court Allows Appeal in Motor Accident Claim Case Due to Non-Service of Notice on One Respondent — Remands Matter for Fresh Adjudication on Merits. The court held that the Motor Vehicles Act, 1988 is a benevolent legislation and the claim petition should not be rejected solely because one respondent was not served, especially when the insurance company was contesting the claim.

25 Mar 2026

The case arises from a motor accident claim petition filed by Narshibhai Naranbhai Chamundiya (since deceased, represented by his heirs) seeking compe...

High Court

Gujarat High Court Allows Insurance Company's Petition for Production of Disability Certificate in Motor Accident Claim. Tribunal's Rejection of Application Under Section 166 of Motor Vehicles Act, 2019 Set Aside for Denying Fair Opportunity to Cross-Examine Claimant.

3 Mar 2026

The petitioner, TATA AIG General Insurance Co. Ltd., filed a Special Civil Application under Articles 226 and 227 of the Constitution of India and Sec...

High Court

Bombay High Court Allows Tenant's Petition in Tenancy Purchase Dispute — Filing of Section 32G Proceedings Constitutes Sufficient Intimation Under Section 32F of Maharashtra Tenancy and Agricultural Lands Act, 1948. Tenant's Right to Purchase Land Not Defeated by Delay Where Landlord Failed to Inform Tenant of Attaining Majority.

18 Feb 2025

The case involves a dispute over agricultural land in Village Devarashtra, Taluka Khanapur, District Sangli, owned originally by Shankar Govind Kurlek...

High Court

Bombay High Court Upholds Lease Rent Revision Based on Ready Reckoner Rates for Housing Societies in Bandra. Court holds that linkage of lease rent to land value is not per se prohibited and the Government Resolutions of 2006, 2012, and 2018 are constitutionally valid.

10 Jul 2024

The Bombay High Court, in a batch of writ petitions, upheld the constitutional validity of Government Resolutions (GRs) dated 29th May 2006, 12th Dece...

High Court

High Court of Karnataka Dismisses Revision Petition as Not Maintainable Against Interim Maintenance Order Under Section 125(2) Cr.P.C. — Interim Order Under Section 125(2) Cr.P.C. Is Interlocutory and Not Subject to Revision Under Section 19(4) of Family Court Act.

12 Jan 2024

The revision petition was filed by the wife and minor child against an order dated 24.07.2020 passed by the IV Additional Principal Family Judge, Mysu...

High Court

Bombay High Court Dismisses Writ Petition Challenging Recovery of Excess Pension Payments from Retired Employees. Recovery of excess payments made to retired employees due to administrative error is permissible under Rule 66(1)(b) of the Maharashtra Civil Services (Pension) Rules, 1982, as the employees had given an undertaking to refund any excess payments.

18 Jul 2023

The petitioners, 21 retired employees of the respondent bank, filed a writ petition challenging the recovery of excess pension payments made to them. ...

High Court

High Court of Karnataka Allows Bail to Juvenile in POCSO and SC/ST Act Case — Emphasizes Prima Facie Case Requirement for Bail Denial Under Juvenile Justice Act. The court set aside the orders of the Juvenile Justice Board and Appellate Court denying bail to a 16-year-old juvenile accused of taking video of sexual assault, holding that the Board failed to record the required satisfaction under Section 12 of the Juvenile Justice Act.

11 Jul 2023

The petitioner, a 16-year-old juvenile (CCWL-4), filed a criminal revision petition under Section 102 of the Juvenile Justice (Care and Protection of ...

High Court

Bombay High Court Allows Appeal in Motor Accident Claim Under Section 163-A of Motor Vehicles Act, 1988 — Negligence Not Required for Structured Compensation. Court holds that for claims under Section 163-A, the claimant need not prove negligence; the 'arising out of use' requirement is satisfied if the vehicle was involved in the accident, even if the collision was not the direct cause of death.

27 Jun 2017

The case arises from a motor accident claim filed by the parents and sister of Dinesh Kadam, a 22-year-old lift mechanic who died on 11 April 2007 aft...

High Court

High Court of Karnataka Upholds CAT Order Directing Consideration of Disabled Candidate for Civil Services — Failure to Provide Scribe for Written Examination Violates Rights Under Persons with Disabilities Act, 1995. The court held that the denial of a scribe to a visually impaired candidate amounts to discrimination and violates Section 39 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.

27 Oct 2014

The Union of India filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 12.12.2013 passed by the C...

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