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Bombay High Court Partly Allows Appeal by MSRTC Reducing Compensation in Motor Accident Claim Due to Contributory Negligence and Multiplier Error. Claimants' compensation reduced from Rs. 7,50,000 to Rs. 5,00,000 as deceased was 50% contributorily negligent and multiplier of 13 was corrected to 12.

The appeal arises from a judgment of the Motor Accident Claims Tribunal, Jalna, in MACP No. 01/2013, awarding compensation of Rs. 7,50,000 to the clai...

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Bombay High Court Dismisses Challenge to Arbitral Award in Guarantee Dispute — Guarantor's Liability Not Discharged by Family Settlement Without Bank's Consent. Family Settlement Between Guarantor and Principal Debtor Does Not Discharge Guarantor Under Section 134 of Indian Contract Act, 1872.

The petitioner, Narinder Pal Agarwal, was a director and guarantor of Narendra Metal Converters Pvt. Ltd., which had taken loans from Saraswat Coopera...

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High Court of Bombay at Goa Dismisses Revision Against Rejection of Plaint in Property Dispute — Plaint Discloses Cause of Action and Is Not Barred by Limitation. Order VII Rule 11 CPC Application Fails as Court Must Look Only at Plaint Averments and Not Evidence.

The applicant, Mr. Nilesh Sangodkar, filed a Civil Revision Application under Section 115 of the Civil Procedure Code, 1908, challenging the order dat...

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Bombay High Court Considers Disqualification of Councillors Under Maharashtra Local Authority Members' Disqualification Act, 1986. Reference to Larger Bench Addresses Meaning of 'Aghadi' and 'Original Political Party' Post-Elections.

The writ petition arose from the disqualification of five councillors of Navapur Municipal Council under the Maharashtra Local Authority Members' Disq...

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Bombay High Court Sets Aside Arbitral Award Due to Arbitrator Disqualification in Multi-State Cooperative Dispute. Failure to Disclose Bias and Withdrawal from Similar Matters Constitutes Grounds for Setting Aside Under Section 34 of Arbitration and Conciliation Act, 1996.

The petitioner, The Saraswat Cooperative Bank Ltd., filed an Arbitration Petition under Section 34 of the Arbitration and Conciliation Act, 1996, chal...

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Bombay High Court Partially Sets Aside Arbitration Award Against Guarantors in Cooperative Bank Dispute — Guarantors Not Liable for Enhanced Credit Facility Without Their Consent. Guarantor Liability Cannot Be Extended Beyond Original Guarantee Under Section 34 of Arbitration and Conciliation Act, 1996.

The judgment concerns two arbitration petitions filed under Section 34 of the Arbitration and Conciliation Act, 1996, challenging a common undated arb...

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Bombay High Court Allows Writ Petition Challenging Cooperative Society's Recovery Proceedings — Held That Recovery Under Section 101 of Maharashtra Cooperative Societies Act, 1960 Cannot Be Initiated Without Prior Adjudication of Dispute Under Section 91.

The petitioners, employees of a cooperative society, challenged a recovery notice issued by the District Deputy Registrar under Section 101 of the Mah...