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Bombay High Court Allows Appeals in Specific Performance Suit — Agreement to Sell Not Proved, but Alternative Relief of Damages Granted. Court holds that failure to prove agreement does not bar claim for earnest money refund under Section 22 of Specific Relief Act, 1963.

The appellant, an architect, filed three suits for specific performance of agreements to sell immovable property against Gustavo Pinto and Lucio Miran...

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High Court Adjudicates Appeal for Enhancement of Motor Accident Compensation — Loss of Income Assessment and Future Prospects Under Section 166 of the Motor Vehicles Act, 1988 Considered.

This first appeal arises from the judgment and award dated 16.08.2004 passed by the Motor Accident Claims Tribunal, Ahmednagar in MACP No.822/2000, wh...

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Bombay High Court Dismisses Acquiring Body's Appeal in Land Acquisition Compensation Enhancement. Compensation for playground land enhanced from Rs.30 to Rs.102 per sqm based on comparable sales and location advantages under Land Acquisition Act, 1894.

The appellant, Village Panchayat of Collem, challenged the judgment and award dated 13.01.2010 passed by the Reference Court in Land Acquisition Case ...

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Supreme Court Restores Tribunal's Compensation Award in Motor Accident Claim Case - High Court's Reduction of Functional Disability Percentage Without Cross-Appeal by Insurance Company Deemed Unjustified Under Order XLI Rule 33 of Code of Civil Procedure, 1908.

The dispute arose from a motor accident claim where the appellant, injured in a road traffic accident, sought compensation. The appellant, a 32-year-o...

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Bombay High Court Allows Appeals in Commercial Summary Suit Cases — Triable Issues Raised on Guarantee and Limitation. Court holds that existence of disputed facts regarding limitation and discharge of guarantor requires unconditional leave to defend under Order XXXVII CPC.

The judgment arises from two commercial appeals filed by the defendants against the dismissal of their applications for leave to defend in commercial ...

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Bombay High Court Holds Service of Writ of Summons Without Copy of Plaint Invalid in Commercial Suits Under Commercial Courts Act, 2015 — Time for Filing Written Statement Does Not Run Until Proper Service Effected.

The judgment addresses an interim application by the defendant, Metso India Pvt Ltd, in a commercial suit filed by Atlanta Limited. The core issue was...