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Gujarat High Court Allows Appeal and Enhances Compensation in Motor Accident Claim for Death in Marriage Procession. Tribunal's Award Found Inadequate Under Section 173 of Motor Vehicles Act, 1988.

The appellants, original claimants, filed an appeal under Section 173 of the Motor Vehicles Act, 1988, against the judgment and award dated 10.05.2019...

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Supreme Court Allows Appointment of Arbitrator in Government Contract Dispute Despite Non-Exhaustion of Pre-Arbitration Procedure. Party Autonomy and Minimal Judicial Intervention Upheld Under Section 11 of the Arbitration and Conciliation Act, 1996.

The appellant, Hindustan Construction Company Ltd., was awarded a contract by the respondent, Bihar Rajya Pul Nirman Nigam Ltd. (BRPNNL), on 04.03.201...

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High Court of Karnataka Restrains State from Conducting Surprise Inspections of Private Health Institutions Without Prior Notice. Mandamus issued to enforce compliance with Section 10 of the Karnataka Private Medical Establishments Act, 2007 requiring 15-day notice before inspection.

The Karnataka State Private Management Association of Health Institutions and the Karnataka State Association of the Management of Nursing and Allied ...

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Supreme Court Upholds Quashing of Notification Restricting Oxytocin Manufacture to Public Sector. Notification under Section 26A of Drugs and Cosmetics Act, 1940 held invalid for being arbitrary and disproportionate to the objective of curbing misuse.

The case involves a challenge to a notification issued by the Ministry of Health and Family Welfare under Section 26A of the Drugs and Cosmetics Act, ...

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Supreme Court Dismisses Appeal by Power Generator Against Termination of PPA — Holds That Failure to Secure Fuel Supply Agreement Does Not Justify Termination Where PPA Does Not Condition Power Supply on Specific Coal Source

The case involves a dispute between M/s Adani Power (Mundra) Ltd. (appellant) and Gujarat Electricity Regulatory Commission and others (respondents), ...

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Supreme Court Allows Appeal in Arbitration Appointment Case — Incorporation of Arbitration Clause by Reference in Sale Orders Under Coal Distribution Scheme. General Reference to Guidelines Containing Arbitration Clause is Sufficient Under Section 7(5) of Arbitration and Conciliation Act, 1996.

The present civil appeal arose from an order of the Jharkhand High Court rejecting an application under Section 11(6) of the Arbitration and Conciliat...

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Bombay High Court Grants Temporary Injunction in Trademark Infringement and Passing Off Suit — 'LIVE IN' Mark Found Deceptively Similar to 'LIVE-IN'. Phonetic and visual similarity between marks leads to injunction under Section 29(2)(b) of the Trade Marks Act, 1999.

The Plaintiff, Federal Brands Ltd., filed a trademark infringement and passing off suit against Levi Strauss India Pvt. Ltd. seeking a temporary injun...

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Bombay High Court Grants Judgment on Admission in Sibling Partition Suit Under Muslim Personal Law. Court applies Order 12 Rule 6 CPC to decree partition of deceased father's estate based on admitted shares under Shariat Law.

This is an administration suit filed by one sibling against his brothers and sister for partition and division of the estate of their deceased father,...

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High Court of Bombay at Goa Enhances Compensation for Death of Minor Child in Motor Accident. Parents awarded Rs. 1,50,000 with interest under Motor Vehicles Act, 1988 for loss of dependency and consortium.

The appellants, parents of the deceased minor Suraj, filed a claim petition before the Motor Accident Claims Tribunal at Mapusa seeking compensation o...

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Bombay High Court Allows Substitution of Legal Heir in NI Act Appeal After Complainant's Death. The court permitted the brother and power of attorney holder of the deceased appellant to be substituted to pursue the appeal under Section 138 of the Negotiable Instruments Act, 1881.

The case involves an application filed by Hasmukhbhai Kanjibhai Raja, the brother of the original appellant Umesh Kanjibhai Raja, seeking leave to be ...