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Supreme Court Allows Claimant in Motor Vehicle Accident Case on Territorial Jurisdiction Grounds. Territorial Jurisdiction Objection Overruled as Procedural Under Section 166 of Motor Vehicles Act, 1988, Following Precedent in Malati Sardar v. National Insurance Company Ltd.

The appeal arose from a motor vehicle accident where the appellant's son died after being hit by a tractor driven recklessly by the first respondent. ...

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Supreme Court Allows Appeal in Civil Review Case Due to High Court Exceeding Review Jurisdiction. High Court's Review Order Set Aside as It Acted as Appellate Court, Violating Limited Scope Under Order 47 Rule 1 read with Section 114 of Code of Civil Procedure, 1908.

The dispute originated from an order by the Tiruchirappalli City Municipal Corporation dated 17.07.2008 concerning a pathway in Tiruchirappalli. The a...

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Supreme Court Allows Land Losers' Appeal in Land Acquisition Compensation Case Due to Improper Reliance on Government Floor Rates. Market Value Must Be Determined Based on Sale Exemplars Under Section 18 of Land Acquisition Act, 1894, as Small Sale Instances Cannot Be Ignored for Large Tracts.

The dispute arose from the acquisition of lands in Sultanpur, Gurugram, for constructing Express Highway Phase VII under the Land Acquisition Act, 189...

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Supreme Court Allows Tenant's Appeal in Rent Control Jurisdiction Case — Decree Passed After Act's Applicability Is Void. Civil Court Loses Jurisdiction Once Rajasthan Rent Control Act, 2001 Applies to Area; Decree Passed Thereafter Is Void Ab Initio.

The Supreme Court allowed the appeals filed by the tenant-appellants against the judgment of the Rajasthan High Court which had dismissed their revisi...

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Supreme Court Allows Appeal in Arbitration Case Due to Court Closure During Limitation Period — Condonation of Delay Granted. The period of court closure during winter vacation is excluded for computing limitation under Section 34(3) of the Arbitration and Conciliation Act, 1996.

The appellant, aggrieved by an arbitral award dated 24.08.2016, sought to challenge it under Section 34 of the Arbitration and Conciliation Act, 1996....

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Supreme Court Rejects Recusal Plea in Land Acquisition Reference. Judge Who Decided Smaller Bench Can Sit in Larger Bench to Reconsider Same Issue as Bias Plea Based on Extrajudicial Factors.

This order arises from a reference to a five-judge Constitution Bench of the Supreme Court of India concerning the interpretation of Section 24 of the...

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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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Bombay High Court Dismisses Writ Petition Against SARFAESI Auction Sale for Lack of Alternative Remedy. Petitioner's challenge to auction sale of secured assets fails as remedy under Section 17 of SARFAESI Act before DRT was not exhausted.

The petitioner, Umang Sugars Private Limited, filed a writ petition before the Bombay High Court challenging the auction sale of movable and immovable...