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High Court of Karnataka Allows Insurance Company's Appeal in Motor Accident Claim — Liability Not Fastened as Driver Had No Valid Driving Licence. Owner Failed to Verify Licence Validity, Insurance Company Not Liable but Directed to Pay and Recover Under Section 149(2)(a)(ii) of Motor Vehicles Act, 1988.

The appeal was filed by the Oriental Insurance Company Limited challenging the judgment and award dated 30.06.2012 passed by the Additional Senior Civ...

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Bombay High Court Allows Fishermen Cooperative's Petition Against Demolition of Fishermen Huts in Coastal Zone. Court Holds That Traditional Fishing Communities Have Customary Rights to Occupy Foreshore Land for Livelihood, Subject to Environmental Clearances Under CRZ Notification, 2011.

The petitioner, Mariyayi Macchimaar Sahkari Sanstha Maryadit, a cooperative society of traditional fishermen, filed a writ petition challenging the pr...

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Bombay High Court Dismisses Revision Application in Suit for Declaration and Injunction — City Civil Court Has Jurisdiction Over Sublease Agreement Dispute. Part of Cause of Action Arose in Mumbai Where Agreement Was Executed and Defendant's Office Located.

The applicant, Diamond & Gem Development Corporation Limited, was the original defendant No.1 in Short Cause Suit No.818 of 2011 filed by respondent N...

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Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim Case. Compensation of Rs. 79,000 with 9% Interest Upheld as Rash and Negligent Driving Established.

The case arises from two first appeals filed by United India Insurance Co. Ltd. against the judgment and order dated 5th April 2003 passed by the Moto...

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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.

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...

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Bombay High Court Hears Appeal Under Section 37 of Arbitration Act Challenging Arbitral Award. Dispute Related to Charter Hire Agreement for Offshore Drilling, Involving Claims for Lost Equipment, Day Rates, and Demobilisation Fees.

The Bombay High Court considered an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, filed by Oil and Natural Gas Corporation Lt...

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High Court of Bombay Considers Enforcement of Foreign Arbitral Award Under Sections 46 and 47 of Arbitration and Conciliation Act, 1996 — Dispute Arises from International Sale of Steel Coils Where Italian Company Sought to Enforce Award Against Indian Steel Manufacturer.

The case concerns a petition filed under Sections 46 and 47 of the Arbitration and Conciliation Act, 1996, seeking enforcement of a foreign arbitral a...

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High Court of Karnataka Hears Appeals in Motor Accident Claims Challenging Tribunal's Absolution of Insurer and Inadequate Compensation. Claimants Argue That Insurer Failed to Prove Driving Licence Breach and Must Pay Under 'Pay and Recover' Principle of Motor Vehicles Act, 1988.

The appeals arose from a motor vehicle accident on 30.06.2009 where a husband and wife on a motorcycle were hit by a rashly driven Light Goods Vehicle...