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Bombay High Court Allows Appeal in Motor Accident Claim — Enhances Compensation for Death of 22-Year-Old Labourer. Negligence of Tanker Driver Proved; Contributory Negligence of Deceased Not Established; Income Assessed at Rs. 9,000 per Month Under Motor Vehicles Act, 1988.

The appeal arises from a judgment of the Motor Accident Claims Tribunal, Thane, dated 30 September 2022, in MACP No. 108 of 2015. The claimants, legal...

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Bombay High Court Allows Married Sister's Compassionate Appointment Claim Despite Policy Restriction — Enquiry Quashed as Arbitrary. Court holds that married sister of deceased employee is eligible where surviving brother does not claim, following precedent in Swapanali Kalbhor.

The petitioner, Lina Vishwanath Yerme, is the married sister of a deceased employee who was working with respondent No.6 (Shivaji High School). Upon t...

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Bombay High Court Dismisses Tenant's Writ Petition Challenging Eviction Decree for Rent Default. Tenant Failed to Pay Rent for Over a Decade, No Dispute as to Standard Rent or Permitted Increases, Case Falls Under Section 12(3)(a) of Bombay Rent Act.

The dispute pertains to a suit for eviction filed by the landlady, Mrs. Kusum Pandurang Keni, against the tenant, Sudhir Kumar Sengupta (since decease...

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High Court of Karnataka Allows Appeal in Motor Vehicle Accident Claim — Tribunal Erred in Holding Lack of Jurisdiction. Claimant's Residence at Time of Accident Confers Jurisdiction Under Section 166(2) of Motor Vehicles Act, 1988.

The appellant, Sri Naveen Kumar, filed a claim petition under the Motor Vehicles Act, 1988, before the Motor Accidents Claims Tribunal (MACT) at Benga...

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Bombay High Court Allows Filing of Written Statement Beyond Time in Civil Suit — Emphasizes Procedure as Handmaiden of Justice. Order 8 Rule 1 CPC time limit can be extended for just reasons; hyper-technical approach deprecated.

The petitioner, M/s All India Engineering Company Ltd., filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the ...

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Bombay High Court Allows Appointment of Arbitrator in Shareholder Agreement Dispute Despite Respondent's Objections. Court Appoints Sole Arbitrator Under Section 11 of Arbitration and Conciliation Act, 1996 After Prior Judgment Confirmed Validity of Arbitration Clause.

The applicant, Mr. Rajiv Vyas, filed an application under Section 11 of the Arbitration and Conciliation Act, 1996 seeking appointment of an arbitral ...

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Bombay High Court Directs Railways to Pay Dues to Widow Based on Succession Certificate. Succession Certificate Granted by Competent Court is Conclusive Evidence of Title Under Indian Succession Act, 1925.

The petitioner, Smt. Shashikala A. Kisan Awad, filed a Notice of Motion seeking a direction to the respondent, Divisional Office, Central Railway, to ...