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Gujarat High Court Reduces Contributory Negligence from 20% to 10% in Motor Accident Claim — Appellant Motorcyclist Injured in Head-On Collision with Jeep. Court Held That Absence of Evidence of Negligence on Part of Claimant Warrants Reduction of Contributory Negligence and Enhancement of Compensation.

The appellant, Lahernath Raghunath Gauswami, was the original claimant in a motor accident claim petition. On 02.03.2006, while returning to his villa...

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Bombay High Court Grants Bail to Accused in Cheating and Forgery Case Citing Parity and Long Incarceration. Investigation Complete, No Custodial Interrogation Required Under Section 439 CrPC.

The judgment pertains to bail applications filed by three applicants — Aditya Avinash Sood, Arunkumar Devnath Singh, and Vishal SurendraKumar Agarwa...

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Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Truck Driver Held Solely Negligent Despite Head-On Collision. Interest on Future Prospects Granted Following Supreme Court Precedent.

The appellant, IFFCO-TOKIO General Insurance Co. Ltd., challenged the judgment and order dated 11.12.2012 of the Motor Accident Claims Tribunal, Osman...

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Bombay High Court Quashes FIR in Essential Commodities Act Case Due to Invalid Investigation by Assistant Commissioner of Police. Investigation by officer not of rank of Deputy Superintendent of Police violates Section 6A of Essential Commodities Act, 1955, leading to quashing of FIR and proceedings.

The petitioners, Sarvesh Kumar Shahi and Samiresh Kumar, filed a writ petition before the Bombay High Court challenging the initiation of proceedings ...

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High Court of Karnataka Dismisses Revenue's Appeal in Income Tax Case — Speed Money Disallowance Upheld. CIT(A) and ITAT correctly deleted addition of 30% of speed money as no evidence of bogus expenditure.

The respondent-assessee, a clearing and forwarding agent at New Mangalore Port Trust (NMPT), declared total income of Rs.1,11,03,920/- for the assessm...

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Bombay High Court Dismisses Employer's Petition Challenging Commissioner's Order on Retirement Age and Back Wages. Workman Held Entitled to Wages Including Back Wages Under Industrial Disputes Act, 1947.

The petitioner, M/s Sirsat Lodge, challenged an order dated 12.11.2013 passed by the Commissioner, Labour and Employment, Panaji, in CLE/(REC-17)/2011...

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High Court of Bombay at Aurangabad Acquits Three Accused in Attempt to Murder Case Due to Unreliable Testimony of Injured Witness and Lack of Corroboration. Conviction under Sections 307, 326, 427, 148 IPC set aside as prosecution failed to prove guilt beyond reasonable doubt.

The case arises from an incident where the complainant, Khawaja Iqbaluddin (PW1), alleged that on 25th September 2003, at around 8:30 p.m., while he w...

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Bombay High Court Allows Possessors to Pay Decretal Amount to Avoid Auction in Execution Proceedings. Decree Holder Cannot Insist on Auction When Possessor Willing to Satisfy Decree Under Order 21 Rules 64 and 83 of Code of Civil Procedure, 1908.

The petitioners, Lalit Malick, Shyam Malick, and Madhu Bhatti, filed a writ petition challenging the execution proceedings of a decree passed in Comme...