Search Results for "substantial damage"

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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...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...
Supreme Court Allows Agriculturists' Appeal for Enhanced Compensation; Condones ...

Search Results for "substantial damage"

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High Court

Bombay High Court Allows CIDCO's Appeal in Motorcycle Accident Case Due to Lack of Negligence Evidence. Speed-breaker constructed without specification not proven as cause of accident; no liability for damages under law of torts.

30 Apr 2024

The case involves a second appeal filed by the Administrator of the City and Industrial Development Corporation (CIDCO) against a judgment of the Addi...

High Court

Bombay High Court Allows Appeal and Enhances Compensation for Minor Injured in Motor Accident — Permanent Disability Assessed at 70% with Multiplier of 18. The court held that the Tribunal erred in assessing disability at 30% and applied correct multiplier and future prospects as per law.

26 Jun 2020

The appellant, Ketaki Milind Kulkarni, a minor aged 8 years at the time of the accident, filed a claim petition under the Motor Vehicles Act, 1988, se...

Supreme Court

Supreme Court Allows Appeal in Arbitration Dispute Over Building Agreement — Penalty Clause Upheld as Genuine Pre-Estimate of Damages. Court holds that Clause 7 penalty @ ₹10,000 per day for delay is not a secondary obligation but a genuine pre-estimate of damages, and forfeiture of earnest money under Clause 13 is permissible only if no other damages are awarded.

1 Jan 2026

The dispute arose from an agreement dated 09.04.2010 between the owners (Bhupesh Bhayana and Kiran Bhayana) and the builder (Vinod Seth, now represent...

High Court

High Court of Karnataka Dismisses KPTCL Petition Challenging Enhanced Compensation for Tree Cutting and Diminution of Land Value Under Indian Telegraph Act, 1885. Compensation Must Include Diminution in Market Value of Land Due to High Tension Line, and Multiplier Method for Fruit-Bearing Trees is Appropriate.

6 Aug 2014

The petitioners, authorities of the Karnataka Power Transmission Corporation Limited (KPTCL), challenged an order dated 01.06.2013 passed by the learn...

High Court

Bombay High Court Allows Appeal in Wrongful Arrest of Vessel Case — Duty to Mitigate Under Section 73 Contract Act Does Not Apply to Undertaking Under Rule 941 of Bombay High Court (Original Side) Rules, 1980. The court held that the undertaking under Rule 941 is a contractual obligation independent of the duty to mitigate damages, and the plaintiff must pay damages as per the undertaking without reduction for failure to mitigate.

5 Nov 2014

The case involves an appeal by Rainbow Ace Shipping S.A., the owner of the vessel MV Rainbow Ace, against an order of the learned single Judge of the ...

High Court

High Court of Gujarat Dismisses/Allows Appeal in Motor Accident Claim—Decision Not Captured. Composite Negligence and Quantum of Compensation Under Section 166 of the Motor Vehicles Act, 1988 Were the Key Issues.

12 Jan 2026

The matter involves an appeal and cross-objections arising from the judgment and award dated 14th August 2020 passed by the Motor Accident Claim Tribu...

High Court

Bombay High Court Allows Insurance Claim for Goods Destroyed by Fire During Customs Delay — Insurer Liable Despite Policy Issued After Goods Were in Port. The court held that the plaintiff had an insurable interest and the policy covered the loss by fire, rejecting the insurer's defense of no risk.

4 Aug 2005

The plaintiff, M/s. Hasmukhrai Chandrakant, filed a suit against The Oriental Fire and General Insurance Co. Ltd. for recovery of Rs.18,70,322.42 with...

Supreme Court

Supreme Court Partly Allows Manufacturer's Appeal in Airbag Non-Deployment Case. Non-Disclosure of Airbag Deployment Threshold Constitutes Unfair Trade Practice Under Consumer Protection Act, 1986.

1 Jan 2022

The appeal arose from a consumer complaint filed by Shailendra Bhatnagar against Hyundai Motor India Limited regarding non-deployment of airbags in hi...

High Court

Bombay High Court at Goa Hears First Appeal Against Dismissal of Suit for Rs.1.45 Crore Insurance Claim for Vessel Capsizing - Court Examines Peril of the Sea Coverage Under Marine Hull Policy. Appellant sought decree for total loss and sue and labour expenses, contending that ingress of sea water from grounding constituted a covered peril; respondent disputed proximate cause and repudiated claim.

8 May 2014

The appeal arose from a judgment of the Civil Judge Senior Division, Panaji, which dismissed Special Civil Suit No. 105/90. The appellant, a salvage c...

Supreme Court

Supreme Court Allows Insurer's Appeal in Insurance Claim Dispute Over Depreciation Rate for Fire-Damaged Machinery. Court Holds That Insured's Failure to Reinstate Damaged Property Within Extended Time Renders Reinstatement Value Clause Inoperative, Entitling Only Market Value on Depreciation Basis.

6 May 2024

The dispute arose from a fire accident on 12.12.1998 that destroyed the '20 Hi Cold Rolling Mill' of the insured, M/s Bhushan Steel and Strips Ltd (la...

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