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Supreme Court Allows Appeal of Claimant in Motor Accident Case — Functional Disability Assessed at 100% for Amputation of Leg. Amputation of Right Leg Above Knee Results in 100% Functional Disability for a Carpenter, Entitling Enhanced Compensation Under Motor Vehicles Act, 1988.

The appellant, a 38-year-old carpenter, sustained grievous injuries in a motor vehicle accident on 09.11.2004 when a jeep driven rashly and negligentl...

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Bombay High Court Dismisses Plaintiffs' Suit for License Fee and Compensation, Allows Defendant's Counter-Claim for Losses Due to Suppression of No Development Zone Status. Plaintiffs held liable for fraudulent misrepresentation regarding land use, entitling Defendant to damages for demolished tower.

The plaintiffs, owners of a larger property in Madh, Malad, Mumbai, entered into a leave and license agreement with the defendant, a telecom company, ...

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Bombay High Court Allows Summons for Judgment in Container Lease Dispute — Defendant Fails to Raise Triable Issues. Plaintiff entitled to decree for unpaid replacement value of lost containers under Equipment Agreement dated 30th December 2002.

The Plaintiff, Florens Containers Inc., filed a summary suit against the Defendant, M/s. Ornate Multimodal Carriers Pvt. Ltd., for recovery of US$ 58,...

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Bombay High Court Dismisses Revenue Appeals in Service Tax on Maintenance Charges — Management, Maintenance or Repair Service Not Attracted. Amounts collected as maintenance charges for upkeep of apartment premises are not subject to service tax under the Finance Act, 1994.

The judgment involves three appeals filed by the Commissioner of Service Tax/Central Excise against orders of the Customs, Excise & Service Tax Appell...

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Bombay High Court Dismisses Union of India's Appeal Against Arbitral Award in Railway Construction Contract Dispute. Court Upholds Arbitrator's Award of Compensation for Underutilization of Resources Due to Railway's Delays.

The Union of India, representing the South-East-Central Railway, appealed against an order of the District Judge, Nagpur, refusing to set aside an arb...

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Bombay High Court Allows Insurance Company's Appeal in Marine Insurance Claim Dispute, Reduces Compensation. Court holds that the trial court had territorial jurisdiction but reduces the awarded amount due to errors in calculation of damages and interest.

The New India Assurance Co. Ltd. appealed against the judgment and decree dated 30th April 2013 passed by the Civil Judge, Senior Division, Panaji in ...