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Bombay High Court Allows Second Appeal in Easement Case — Right of Way Established by Prescription. Plaintiffs' claim for easement of necessity fails due to alternative access, but right of way by prescription under Section 15 of Easements Act, 1882 is upheld based on 20 years of uninterrupted user.

The case involves a dispute over a right of way between two branches of the same family. The plaintiffs, Laxman Sagun Vaigankar and Sitabai Sitaram Va...

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High Court of Karnataka Dismisses Appeal by HESCOM in Electrocution Death Compensation Case. Negligence of Electricity Board Established Due to Sagging Live Wire Hanging at Ground Level.

The case pertains to a second appeal filed by the defendants (HESCOM officials) against the judgment and decree dated 22.02.2011 passed in R.A. No.52/...

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High Court of Bombay at Aurangabad Allows Correction of Clerical Error in MACT Judgment — Mistake in Identifying Driver as Owner of Vehicle. Section 166 Motor Vehicles Act, 1988 — Tribunal's refusal to correct error set aside; liability shifted to insurance company.

The petitioners, original respondent Nos. 1 and 2 in a Motor Accident Claim Petition, challenged an order of the Motor Accident Claims Tribunal dated ...

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High Court of Bombay at Goa Dismisses State's Appeal in Loan Allotment Dispute — Negligence of State Bank of India as Agent Attributed to Principal State. State Government Held Vicariously Liable for SBI's Failure to Timely Communicate Loan Application, Resulting in Denial of Allotment to Applicant Bank.

The Government of Goa appealed against a judgment and decree dated 12th January 2006 passed by the 1st Ad-hoc Additional District Judge, Panaji, which...

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High Court of Karnataka Sets Aside First Appellate Court's Decree and Restores Trial Court Dismissal; Adverse Possession Claim Fails as Plaintiff Did Not Admit Defendant's Title and Possession Was Not Hostile

The dispute concerned agricultural land bearing Sy.No.113 measuring 8 acres 84 cents in Bellary district. The original plaintiff Smt. Hampamma filed a...

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Karnataka High Court Dismisses Insurance Company's Appeal and Enhances Motor Accident Compensation Under Order XLI Rule 33 CPC. Death Caused Due to Strangulation by Tractor Machinery; Court Holds Accident Proven and Awards Just Compensation.

The appeal was filed by New India Assurance Company Limited against the judgment and award dated 02.01.2012 passed by the Principal Senior Civil Judge...

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Supreme Court Allows Dealer's Appeal in Motor Accident Claim — Dealer Not Liable as Owner Under Motor Vehicles Act, 1988. Dealership Agreement Cannot Shift Statutory Liability of Manufacturer for Third-Party Compensation.

The Supreme Court allowed the appeal filed by Vaibhav Jain, the proprietor of M/s Vaibhav Motors, a dealer of Hindustan Motors Pvt. Ltd. The case aros...