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Bombay High Court Allows Petition in Execution Proceedings - Limited Inquiry Under Order 21 Rule 101 CPC. Executing Court Not Required to Conduct Full-Fledged Trial When Obstruction is Ex Facie Baseless; Summary Rejection Permissible.

The Bombay High Court addressed the scope of inquiry to be conducted by an Executing Court under Order 21 Rule 101 of the Code of Civil Procedure, 190...

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High Court of Gujarat Dismisses Insurance Company's Appeal in Motor Accident Claim — Driver Swapping Defence Rejected for Lack of Evidence. Claimants awarded Rs.19,29,760/- with 9% interest under Section 166 of Motor Vehicles Act, 1988 for death of cleaner in tempo accident.

The appeal was filed by Cholamandalam MS General Insurance Co. Ltd. against the judgment and award dated 31.08.2021 of the Motor Accident Claims Tribu...

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Gujarat High Court Dismisses Revision Against Succession Certificate Granted to Widow and Children in Summary Proceeding Under Indian Succession Act. Concurrent findings of fact on validity of marriage cannot be interfered with under Section 115 CPC in absence of jurisdictional error or perversity.

The present Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908 read with Section 384(1)(3) of the Indian Succession Act...

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Bombay High Court Partially Allows MSRTC Appeal and Claimants' Cross-Objection in Motor Accident Claim — Future Prospects Not Applicable to Deemed Income of Student. Notional Income of Deceased Student Determined at Rs. 10,000 Per Month with 40% Deduction for Personal Expenses.

The case arises from a motor accident claim petition filed by the parents and sister of a 20-year-old male student who died in a road accident. The de...

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Supreme Court Enhances Compensation for Amputation Victim in Motor Accident Case — Functional Disability Assessed at 90% Based on Loss of Earning Capacity. Claimant's Age Determined as 22 Years Using Documentary Evidence, Multiplier of 18 Applied Under Motor Vehicles Act, 1988.

The Supreme Court allowed the appeal of the claimant-appellant, Sanjay Rajpoot, against the judgment of the Allahabad High Court which had enhanced th...

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Bombay High Court Allows Petition Challenging Cancellation of Earthquake Affected Person Certificate — Tahsildar Cannot Review Civil Court Decree. Circular Issued by Collector Cannot Override Hindu Adoption and Maintenance Act, 1956.

The petitioner, originally the biological son of Shankar Ramu Pawar, was given in adoption to Lalu Shivram Jadhav and his wife on 18.04.2022 through a...

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Bombay High Court Upholds Conviction of Accused in Impersonation and Cheating Case — Accused Posing as Police Officer Defrauded Informant of Rs. 1,50,000 for False Promise of Police Constable Job.

The case pertains to a criminal revision application filed by Vilas Narayan Ganvir challenging his conviction and sentence under Sections 171, 419 and...