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Bombay High Court Allows Appeal in Motor Accident Claim — Enhances Compensation for Death of 22-Year-Old Labourer. Negligence of Tanker Driver Proved; Contributory Negligence of Deceased Not Established; Income Assessed at Rs. 9,000 per Month Under Motor Vehicles Act, 1988.

The appeal arises from a judgment of the Motor Accident Claims Tribunal, Thane, dated 30 September 2022, in MACP No. 108 of 2015. The claimants, legal...

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High Court of Bombay at Goa Partly Allows Insurance Company's Appeal in Workmen's Compensation Case — Interest Rate Reduced from 12% to 9% p.a. The Court held that the Commissioner erred in awarding interest at 12% p.a. under Section 4A of the Workmen's Compensation Act, 1923, and reduced it to 9% p.a.

The appeal was filed by the National Insurance Co. Ltd. challenging the judgment and order dated 13/05/2010 passed by the Commissioner for Workmen's C...

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Supreme Court Constitution Bench Examines Applicability of Part I of Arbitration Act, 1996 to Foreign-Seated Arbitrations. Reference Arises from Conflicting Views in Bhatia International and Venture Global Engineering.

The Supreme Court of India, by a reference order dated 16 January 2008, directed the listing of Civil Appeal No. 7019 of 2005 and connected matters be...

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Bombay High Court Dismisses Plaintiff's Claim for Short Delivery of Urea Due to Lack of Title to Sue Under Bill of Lading. Plaintiff Not a Party to Bill of Lading and Cannot Maintain Admiralty Action for Short Landing.

The plaintiff, Dreymoor Fertilizers Overseas Pte. Ltd., filed an admiralty suit against the vessel m.v. Theoforos-1 claiming short delivery of 520.30 ...

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Bombay High Court Considers Interim Injunction in Trade Mark Passing Off Dispute Involving 'Ajanta' Toothpaste. The Court Examines Claims of Prior Use Where Plaintiffs Alleged Sales from June 2002 and Defendants from December 2002.

Background: The dispute concerned the use of the trade mark 'Ajanta' for toothpaste. The plaintiffs claimed to be prior users of the mark for non-medi...

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Supreme Court Allows Banks' Appeals in RBI Fraud Classification Case Regarding Natural Justice Requirements. Court Holds No Absolute Right to Personal Hearing or Full Forensic Audit Report Disclosure Under RBI Master Directions Issued Under Section 35A Banking Regulation Act, 1949.

The dispute arose from the classification of loan accounts as 'fraud' by banks under the Reserve Bank of India's Master Directions. The appellant bank...

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Bombay High Court Allows Appeal in Contractual Dispute Over Force Majeure Extension of Conducting Agreement. Force Majeure Clause Invoked Due to COVID-19 Pandemic Extends Term of Agreement by Equivalent Period.

The appeal arose from an order dated 27 September 2022 passed by the City Civil Court at Mumbai dismissing the appellant's Notice of Motion in Suit No...