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Bombay High Court Allows Insurer's Appeal in Part — Reduces Compensation by Setting Aside Pain and Suffering Award and Lowering Interest Rate. Following Sarla Verma, no compensation for pain and suffering is payable to legal heirs in fatal accident cases under Section 166 of Motor Vehicles Act, 1987.

The New India Assurance Co. Ltd. appealed against the judgment and order dated 31st January 2012 of the Motor Accident Claims Tribunal, Mumbai, which ...

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Bombay High Court Dismisses Petition Seeking Refund of Court Fees in Suit Settled Through Mediation Under Section 89 CPC. Court Holds That Section 16 of the Court Fees Act, 1870 Does Not Mandate Refund Upon Settlement Through Alternative Dispute Resolution.

The petitioner, Sanjeevkumar Harakchand Kankariya, entered into an agreement to sell immovable property with respondents No.3 and 4. When the agreemen...

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Bombay High Court Allows Revenue's Appeal on Employees' Contribution Deduction in Income Tax Case. Employees' contribution to PF/ESI/pension fund is deductible under Section 36(1)(va) only if paid before due date, not under Section 43B.

The case involves two appeals filed by the Commissioner of Income Tax under Section 260A of the Income Tax Act, 1961, against the common order of the ...

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Bombay High Court Dismisses Appeal by Municipal Corporation in Property Tax Refund Suit Filed by Co-operative Housing Society. Limitation for Refund Claim Runs from Date of Final Assessment Order, Not from Date of Payment, Under Section 23 of Limitation Act, 1963.

The Municipal Corporation of Greater Mumbai (MCGM) appealed against a decree passed by the City Civil Court, Mumbai, in a suit filed by Kalpita Enclav...

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Bombay High Court Dismisses Writ Petition Challenging Auction Sale Under SARFAESI Act — Petitioner Failed to Deposit 25% of Sale Price. Condition Precedent Under Rule 9(3) of Security Interest (Enforcement) Rules, 2002 Not Fulfilled, and Alternative Remedy Under Section 17 of SARFAESI Act Available.

The petitioner, an individual aged about 70 years, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court c...

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Supreme Court Allows State Appeal in Tender Cancellation Case — Public Interest Justifies Cancellation of LoI Despite Prior Acceptance. Non-Arbitrariness in State Action Not Established When Cancellation is Based on Legitimate Concerns Over Technical Compliance and Financial Viability.

The dispute arose from a tender issued by the State of Himachal Pradesh for the supply, installation, and maintenance of electronic Point-of-Sale (ePO...