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Supreme Court Allows Appeal in Insurance Claim Dispute — Repudiation of Overseas Mediclaim Policy for Non-Disclosure of Pre-existing Condition Set Aside. Insurer Failed to Prove That Insured Had Knowledge of Hyperlipidaemia at Time of Proposal.

The appellant, Manmohan Nanda, sought an overseas mediclaim policy from United India Assurance Co. Ltd. to travel to the USA for a family wedding. He ...

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Supreme Court Upholds Default Bail Under Section 167(2) CrPC Despite Subsequent Filing of Chargesheet. Indefeasible Right Accrues on Expiry of Statutory Period and Filing of Bail Application Before Chargesheet.

The appellant, M. Ravindran, was arrested and remanded to judicial custody on 04.08.2018 for offences under the NDPS Act. Under Section 36A(4) of the ...

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Bombay High Court Allows Appeal in Specific Performance Suit — Oral Agreement Not Proved. Plaintiff failed to establish oral agreement, payment of consideration, and suit was barred by limitation under Article 54 of the Limitation Act, 1963.

The appellants (original defendant nos. 2 to 4) challenged the judgment and decree dated 18/02/2014 passed by the learned Judge, City Civil Court, Mum...

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Bombay High Court Dismisses Petition Challenging Transmission Line Over Private Land, Upholds Validity of Section 164 of Electricity Act, 2003. The Court Held That the Provisions for Laying Electricity Lines Without Prior Consent Are Constitutional as They Provide for Hearing and Compensation.

The petitioners, Jarnail Singh and Surinder Singh, are owners of land in Nagpur over which respondent No.1, Maharashtra State Electricity Transmission...

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Bombay High Court Allows Petitioner to Participate in eReverse Auction in Tender Dispute with Rashtriya Chemicals & Fertilizers Limited. Court grants interim status quo enabling petitioner to raise bills at proportionate rate pending final consideration of tender.

The petitioner, M/s. S. Mohan Singh Bhatiya, a registered partnership firm, filed a writ petition under Article 226 of the Constitution of India befor...

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Bombay High Court Dismisses Winding-Up Petition in Company Dispute Over Back-to-Back Payment Clause. Payment Obligation Conditioned on Receipt from HAL, Not Absolute Debt, Hence Bona Fide Dispute Exists.

The petitioner, Tata Advanced Materials Ltd., filed a company petition under Sections 433 and 434 of the Companies Act, 1956, seeking winding up of th...

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Bombay High Court Dismisses Appeals Against Order Allowing Workmen's Application for Payment of Gratuity and Other Dues from Company Assets. Workmen's dues have priority under Section 529A of Companies Act, 1956, and Official Liquidator must pay from sale proceeds.

The case involves two appeals filed by Grand View Estates Private Limited and Forbes & Company Limited against an order of the Company Court allowing ...

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Bombay High Court Dismisses Bank's Writ Petitions Against Labour Court Orders in Recovery Proceedings Under Section 33C(2) of Industrial Disputes Act, 1947 — Held That Assignee Bank Steps Into Shoes of Transferor and Is Liable for Pre-Transfer Claims of Workmen.

The petitioners, the Authorized Officer and Chairman & Managing Director of IDBI Bank (Stressed Assets Stabilization Fund), filed four writ petitions ...