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Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Insurer Liable to Pay Compensation Despite Driver's Invalid License, with Right to Recover from Owner. Third-party liability upheld under Motor Vehicles Act, 1988, applying 'pay and recover' principle.

The case arises from a motor accident claim filed by Babulal Somani and Rukhamanibai, parents of the deceased, who died in a vehicular accident involv...

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Gujarat High Court Allows Appeal in Part, Reduces Contributory Negligence and Enhances Compensation in Motor Accident Claim. Deceased motorcyclist held only 10% negligent as car driver was primarily at fault; income tax returns considered for computing income leading to enhanced compensation.

The present First Appeal under Section 173 of the Motor Vehicles Act, 1988 was filed by the appellants, who are the original claimants and legal heirs...

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Bombay High Court Allows Writ Petition Challenging Illegal Handcuffing and Public Parading in Chapter Case Arrest. Police Action Violated Article 21 as Handcuffing Without Justification and Public Parading Amounted to Cruel Treatment, Compensation of Rs. 50,000 Awarded.

The petitioner, Shri Kisan @ Kisanchand Tharurmal Wadhawa, a resident of Gandhinagar, Kolhapur, filed a criminal writ petition challenging the action ...

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Gujarat High Court Reduces Compensation by 50% in Motor Accident Claim Due to Contributory Negligence of Deceased Driver. Deceased's failure to place warning signs after tyre puncture on highway contributed to accident, leading to apportionment of liability under Motor Vehicles Act, 1988.

The case arises from a motor accident claim filed by the legal heirs of Sunil Samharu Yadav, who died in a road accident on 19.05.2013. The deceased w...

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High Court of Bombay Considers Interim Motions in Suit by Foreign Trustees for Recovery of Assets Allegedly Concealed in India. The Court Examines Whether Plaintiffs Have Made Out Prima Facie Case for Disclosure and Deposit Orders Based on US Bankruptcy Court Findings.

The suit was filed by ITC Ltd., acting as trustees in bankruptcy of Suresh Chitalia, Devang Chitalia, EST Fibres Inc., and Lokman Establishment, to re...

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Supreme Court Allows Appeals by Bar Bodies and Advocate, Holding Advocates Not Liable Under Consumer Protection Act. Legal Profession is Sui Generis and Excluded from Definition of 'Service' Under Consumer Protection Act, 1986/2019.

The Supreme Court considered a batch of appeals arising from an order of the National Consumer Disputes Redressal Commission (NCDRC) which held that c...

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Supreme Court Allows Dealer's Appeal in Motor Accident Claim — Dealer Not Liable as Owner Under Motor Vehicles Act, 1988. Dealership Agreement Cannot Shift Statutory Liability of Manufacturer for Third-Party Compensation.

The Supreme Court allowed the appeal filed by Vaibhav Jain, the proprietor of M/s Vaibhav Motors, a dealer of Hindustan Motors Pvt. Ltd. The case aros...