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Gujarat High Court Allows Appeal and Enhances Compensation for Pillion Rider Death in Motor Accident Claim. Pillion Rider Cannot Be Held Contributorily Negligent for Rider's Sudden Braking; Compensation Enhanced Under Motor Vehicles Act, 1988.

The appeal arose from a judgment and award dated 10.07.2024 of the Motor Accident Claims Tribunal (Aux.) Mahisagar at Lunawada in M.A.C.P. No. 84 of 2...

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Gujarat High Court Allows Amendment of Plaint in Specific Performance Suit — Impleadment of Government Officers Permitted. Pre-Trial Amendment Liberally Allowed to Avoid Multiplicity of Litigation Under Order 1 Rule 10 and Order 6 Rule 17 CPC.

The present petition was filed under Article 227 of the Constitution of India by the petitioners, who are the original plaintiffs in Special Civil Sui...

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Gujarat High Court Dismisses Petition Challenging Rejection of Amendment Application in Civil Suit — Petitioner Failed to Show Due Diligence in Seeking Impleadment After 14 Years.

The petitioner, original plaintiff in Special Civil Suit No. 47 of 2010 pending before the 4th Senior Civil Court, Porbandar, filed a writ petition un...

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Bombay High Court Allows Appeal in Motor Accident Claim — Pillion Rider Covered Under Section 163-A of Motor Vehicles Act, 1988. Held that the expression 'any person' in Section 163-A includes a pillion rider and that the petition is maintainable even in a hit-and-run case.

The appellant, Lalita wd/o Rajkumar Sawalkar, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, which was later converted to a...

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High Court of Karnataka Dismisses Insurer's Appeal in Motor Accident Claim — Insurer Liable Despite Owner's Failure to Produce Driving License. Burden of Proof on Insurer to Show License Invalidity Under Section 149 of Motor Vehicles Act, 1988.

The case arises from a motor accident claim filed by the legal representatives of the deceased, Parvati, who died in a road accident on 04.08.2012. Th...

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Karnataka High Court Dismisses Contempt Petitions Against Panchayat Officers for Non-Compliance of Interim Order in Service Matter. Willful Disobedience Not Established as Orders Were Not Clear and Specific Regarding Payment of Salary.

The complainants, including a union and several individuals, filed contempt petitions under the Contempt of Courts Act, 1971, alleging willful disobed...

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Bombay High Court Allows Revision Against Municipal Corporation's Demolition Notice for Lack of Proper Hearing Under MMC Act. Court Holds That Show-Cause Notice Must Be Served on All Occupiers and That Demolition Without Considering Objections Violates Principles of Natural Justice.

The case involves a civil revision application filed by the applicant, who is the trustee of Jaliwali Masjid and Arbi Madarsa, along with other indivi...

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Bombay High Court Dismisses Appeals in Property Partition Suit — Upholds Trial Court's Refusal to Reject Plaint Under Order VII Rule 11 CPC. Plaint Discloses Cause of Action and Is Not Barred by Limitation or Res Judicata.

The case involves three appeals filed by the defendants (Smt. Malti Kapadia, Hemant Kapadia, and Vijaysingh Kapadia) against an order of the City Civi...