Search Results for "Negligence"

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Bombay High Court Dismisses Bank's Petition Challenging Banking Ombudsman Award for Wrongful Debit Despite Stop Payment Instructions. Bank's Liability Upheld as Limitation Period Under Banking Ombudsman Scheme 1995 is Directory, Not Mandatory.

The case involves a dispute between Canara Bank (the petitioner) and Shri Uttam Rathod (respondent no.1), a proprietor of M/s. Rishi Impex, who held a...

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Bombay High Court Dismisses Petition Challenging Demotion Order of Headmaster for Negligence as Moderator — School Tribunal's Order Upheld as Consent Terms Permitted Institution to Lead Evidence and Prove Misconduct.

The petitioner, Abdul Karim Sadruddin Makandar, was appointed as an Assistant Teacher in the Anglo Urdu High School at Aurwad on 12 June 1972 and was ...

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Bombay High Court Dismisses Appeal Against Motor Accident Compensation Award for Death of 15-Year-Old Newspaper Boy. Negligence of Auto Rickshaw Driver Established by Unrebutted Testimony of Claimant's Mother.

The case arises from a motor accident claim petition under Section 166 of the Motor Vehicles Act, 1988, filed by the respondents (original claimants) ...

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High Court of Bombay at Aurangabad Allows Appeal in Motor Accident Claim — Owner of Jeep Held Liable Despite Driver's Acquittal. The court held that the standard of proof in civil proceedings is different from criminal proceedings and that the owner is vicariously liable for the driver's negligence.

The appellant, Narendra Aniruddha Dake, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, seeking compensation for injuries su...

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Bombay High Court Allows Appeal in Motor Accident Claim Case Due to Negligence Established by Criminal Proceedings — Tribunal Erred in Dismissing Claim on Ground of Non-Examination of Eye Witnesses.

The present appeal arises from the dismissal of a claim petition under Section 166 of the Motor Vehicles Act, 1988 by the Motor Accident Claims Tribun...

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High Court of Karnataka Acquits Accused in Rash Driving and Death Case Due to Inconsistent Evidence and Lack of Proof of Negligence. Conviction under Sections 279, 304A IPC and Section 187 MV Act Set Aside as Prosecution Failed to Establish Guilt Beyond Reasonable Doubt.

The revision petitioner, Dyaniyal S/o Malku Army, was convicted by the Addl. Civil Judge and JMFC, Humnabad in C.C. No. 309/2019 for offences under Se...

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High Court of Karnataka Allows Appeal in Railway Accident Claim — Deemed Passenger Doctrine Applied. Claimants entitled to compensation as deceased was a bona fide passenger holding a valid ticket, rebutting the presumption of negligence under Section 124A of the Railways Act, 1989.

The appeal arises from the dismissal of a claim petition by the Railway Claims Tribunal, Bangalore Bench, in OA No. II U 162/2012 dated 14.12.2016. Th...