Search Results for "mechanical defect"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Supreme Court Allows Appeal of Claimant in Motor Accident Case — Functional Di...
Supreme Court Modifies Sentence in Forgery Case Due to Long Pendency and No Crim...
Madras High Court Dismisses Second Appeal in Partition Suit — Concurrent Findi...
High Court of Bombay at Bombay Dismisses Insurance Company's Appeal in Motor Acc...

Search Results for "mechanical defect"

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High Court

High Court of Judicature at Bombay Acquits Appellant in Kidnapping and Murder Case Due to Insufficient Evidence and Procedural Defects. Conviction under Sections 363, 302, and 201 of Indian Penal Code, 1860, was overturned as prosecution failed to prove guilt beyond reasonable doubt based on unreliable confession and lack of corroborative evidence.

25 Mar 2026

The appeal arose from a judgment and order dated 9th July 2024 by the Special Judge (POCSO), Thane, convicting the appellant under Sections 363, 302, ...

Supreme Court

Supreme Court Partially Dismisses BBMP Appeal in Roadside Tree Accident Case — Municipal Corporation Held Liable for 25% Compensation for Negligence in Tree Maintenance Under Motor Vehicles Act, 1988. The court upheld the apportionment of liability against the municipal corporation for failing to maintain old trees, rejecting the Act of God defense.

1 Jan 2026

The case involves an appeal by the Commissioner, Bruhat Bangalore Mahanagara Palike (BBMP) against the judgment of the Karnataka High Court which awar...

Supreme Court

Supreme Court Upholds Death Penalty for Rape and Murder of Young Woman in Maharashtra — Conviction Based on DNA Evidence and Circumstantial Links. The Court held that the chain of circumstantial evidence, including last seen together and DNA matching, was complete and consistent with the guilt of the appellant, and the case fell within the 'rarest of rare' category for imposition of death penalty.

20 Feb 2025

The Supreme Court of India dismissed the criminal appeal filed by Chandrabhan Sudam Sanap against the judgment of the Bombay High Court, which had uph...

Supreme Court

Supreme Court Dismisses Promoter's Appeal in Real Estate Regulation Case, Upholding Authority's Jurisdiction and Pre-deposit Condition. The court affirmed that a single member of the Real Estate Regulatory Authority has jurisdiction to order refunds under Section 18 of the Real Estate (Regulation and Development) Act 2016, and the pre-deposit requirement under Section 43(5) is valid for statutory appeals.

11 Nov 2021

The dispute arose from appeals filed by promoters and real estate developers against orders of the High Court of Allahabad, which had dismissed their ...

High Court

Bombay High Court Allows Appeal in Motor Accident Claim Case Due to Erroneous Dismissal by MACT — Parents of Deceased Cleaner Entitled to Compensation as Tribunal Failed to Consider Evidence of Negligence and Insurance Coverage. The court held that the accident was caused by rash and negligent driving, not merely mechanical defect, and awarded Rs.6,00,000 with interest under the Motor Vehicles Act, 1988.

13 Sep 2019

The present appeal was filed by the original claimants, Shaikh Gani and Jahirabi, parents of deceased Javed Gani Shaikh, challenging the dismissal of ...

High Court

Bombay High Court Allows Insurance Company's Appeal in Tractor-Trolley Accident Case — No Liability as Accident Occurred During Sand Loading, Not While Vehicle Was in Use. The Court held that the accident did not arise out of the use of the vehicle under the Employees Compensation Act, 1923, as the deceased was loading sand from a river bank when the bank collapsed, and the vehicle was stationary.

11 Feb 2019

The case involves an appeal by the National Insurance Company Ltd. against an order of the Commissioner under the Employees Compensation Act, 1923, aw...

High Court

Bombay High Court Upholds Conviction for Culpable Homicide in Drunk Driving Case, Sets Aside Confiscation of Vehicle. The court confirmed the seven-year sentence under Section 304 Part II IPC for causing death by rash and negligent driving while intoxicated, but held that the trial court lacked jurisdiction to confiscate the vehicle belonging to a third party.

10 Sep 2015

The judgment pertains to two criminal appeals arising from a common judgment of the Ad hoc Additional Sessions Judge, Nagpur in Sessions Trial No.257/...

High Court

Bombay High Court Upholds Conviction of Driver for Culpable Homicide in Drunk Driving Case — Confiscation of Vehicle Set Aside. The court held that the driver's rash and negligent driving while intoxicated causing death falls under Section 304-II IPC, but the owner's vehicle cannot be confiscated without notice under Section 452 CrPC.

10 Sep 2015

The judgment pertains to two appeals arising from a common judgment of the Ad hoc Additional Sessions Judge, Nagpur in Sessions Trial No.257/2012 date...

High Court

Bombay High Court Dismisses Tenant's Writ Petition Challenging Eviction Decree Under Rent Control Order — Permission to Terminate Tenancy Under Clause 13(3)(vii) of C.P. and Berar Letting of Premises and Rent Control Order, 1949 Upheld

20 Dec 2014

The petitioner, a tenant, challenged the judgment of the District Court which confirmed the decree for possession passed by the trial court in favour ...

High Court

Bombay High Court Upholds Constitutional Validity of MVAT Provisions on Input Tax Credit Reversal for Capital Goods Sold as Scrap. Section 48(5) of MVAT Act, 2002 and Rule 58A of MVAT Rules, 2005 held intra vires the Constitution and not ultra vires the parent Act.

10 Jun 2013

The judgment concerns a batch of writ petitions filed by various companies challenging the constitutional validity of Section 48(5) of the Maharashtra...

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