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High Court Hears Appeal and Cross-Objections Against Dismissal of Declaration Suit. Suit Filed by Brother of Deceased Religious Head for Declaration of Ownership of Property Allotted in 1952, Dismissed by Trial Court.

This Regular First Appeal and cross-objections arise from the judgment and decree dated 9 September 2005 passed by the Principal City Civil and Sessio...

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Bombay High Court Dismisses MSRTC Appeal in Fatal Bus Accident Case — Compensation Award of Rs.2,52,000/- Upheld. Doctrine of Res Ipsa Loquitur Applied to Establish Negligence Under Motor Vehicles Act, 1939.

The appellant, Maharashtra State Road Transport Corporation (MSRTC), challenged the award of the Motor Accident Claims Tribunal, Satara, dated 31st De...

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Gujarat High Court Allows Appeal in Motor Accident Claim — Enhances Compensation for Death of Labourer. Notional Income Increased, Contributory Negligence Set Aside, Consortium Awarded as Per Magma General Insurance Guidelines.

The case arises from a motor accident claim petition filed by the parents of a deceased 30-year-old labourer who died in a vehicular accident on 22 Ju...

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Supreme Court Dismisses Appeal Against Arbitral Award, Holds Legal Representatives Must Challenge Under Section 34 of Arbitration Act. The Court affirmed that the Arbitration Act is a complete code and legal heirs cannot bypass Section 34 by filing a revision under Article 227.

The present appeal arose from a dispute over a Deed of Agreement for Sale dated 20.04.2007 between Mr. Appu John and Respondent No. 1. After Mr. Appu ...

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Supreme Court Dismisses Appeals by Daughters of Deceased in Mizo Inheritance Dispute — Son's Widow and Daughters Held Entitled to Property. The Court upheld Mizo Customary Law that the son inherits the father's property, and upon the son's death, his widow and daughters are the legal heirs.

The case involves a dispute over the inheritance of property originally owned by P.S. Dahrawka, who died on 5th March 1978. He was survived by his wif...

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Bombay High Court Dismisses Petition for Revocation of Probate in Testamentary Matter — No Caveat Filed, No Caveatable Interest Shown. Court holds that a person who has not filed a caveat and has no caveatable interest cannot seek revocation of probate under Section 263 of the Indian Succession Act, 1925.

The case pertains to a petition for revocation of probate filed by Radhika Bhargava and others (petitioners) against Arjun Sahgal and others (responde...

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Karnataka High Court Decides Regular First Appeal Arising from Dismissal of Suit for Declaration of Property Ownership. Property Originally Allotted to a Swamiji Under Mysore Government Scheme and Later Subject to Litigation Over Inheritance and Alleged Fraud.

The appeal arose from the dismissal of a suit for declaration of ownership of immovable property situated in Bangalore. The original plaintiff, C.R. H...

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Bombay High Court Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Disturbed Under Section 100 CPC. Suit for Declaration of Ownership and Injunction Dismissed as Plaintiff Failed to Prove Title and Possession.

This is a second appeal arising from a civil suit for declaration of ownership and permanent injunction. The appellant, Parubai Savliram Kshatriya (si...

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High Court of Gujarat Enhances Compensation for Injured Motorcyclist in Motor Accident Claim — Tribunal's Award of Rs.10,44,212/- Modified to Rs.25,00,000/- with 9% Interest. Future Loss of Income Recalculated Based on Notional Income of Rs.4,500/- per Month and 40% Disability.

The appellant, Ambala Muljibhai Makwana (since deceased, represented by legal heirs), was driving a motor cycle on 18.01.2003 when a tanker bearing re...