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Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Insurer Liable to Pay Compensation Despite Driver's Invalid License. Pay and Recover Principle Applied as Insurer Must Compensate Third Party and Recover from Owner.

The case arises from a motor accident claim filed by the respondent no.1 (original applicant) before the Motor Accident Claims Tribunal (MACT), Pune. ...

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High Court of Bombay Allows Insurance Company's Appeal in Part, Enhances Compensation in Motor Accident Claim — Insurer Liable to Pay and Recover. Deceased aged 35, self-employed, entitled to 40% future prospects; loss of consortium enhanced to Rs.40,000 per claimant.

The case arises from a motor accident claim filed by the widow and children of Binod Pande, who died in a vehicular accident on 28th August 2012. The ...

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Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Lack of Proof of Income and Negligence. Claimants failed to establish deceased's income and contributory negligence of driver, leading to reduction of award from Rs.17,45,000 to Rs.9,45,000.

The appellant, Reliance General Insurance Co. Ltd., filed a First Appeal under Section 173 of the Motor Vehicles Act, 1988, challenging the judgment a...

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Bombay High Court Dismisses Appeal Against Arbitral Award in Flat Purchase Dispute — Time Was Essence of Contract. Appellant failed to pay balance consideration within stipulated time; arbitrator's award of interest and costs upheld under Section 37 of Arbitration and Conciliation Act, 1996.

The appellant, Mr. Nirmal Sureka, entered into two agreements on 26.11.1999 with respondent nos. 1 and 2 (Alankar Real Estate Pvt. Ltd. and Hotel Amar...

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Bombay High Court Allows Petition Challenging Stamp Duty Demand on Collateral Security Bond. Security-cum-Mortgage Bond executed as collateral security for loan is chargeable under Article 40(c) of Schedule I of Bombay Stamp Act, 1958, not as mortgage deed.

The petitioner, M/s. Jaika Automobiles Private Limited, a private limited company, filed a writ petition under Articles 226 and 227 of the Constitutio...

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Bombay High Court Upholds Tribunal's Decision on Deduction of Cumulative Preference Dividends in Section 104 Case. Only Previous Year's Dividend Deductible in Computing Undistributed Income Liable to Additional Income-tax.

The case involves a reference under Section 256(1) of the Income-Tax Act, 1961, at the instance of the Revenue, arising from an order of the Income-ta...

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Bombay High Court Restrains Flour Mill in Slum Area on Nuisance Grounds — Interim Injunction Upheld Pending Suit. The court held that the trial court's finding of prima facie nuisance and balance of convenience in favor of the plaintiffs was not perverse or erroneous.

The appeal arose from a suit filed by the original plaintiffs (respondents 3 to 10) who were residents of a slum near V.P. Stadium, Worli, Mumbai. The...