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Gujarat High Court Reduces Compensation in Motor Accident Claim Due to Lack of Income Proof and Excessive Multiplier Application. Insurance Company's Appeal Allowed as Tribunal's Income Assessment Was Without Evidence.

The case involves two first appeals filed by the National Insurance Company Limited under Section 173 of the Motor Vehicles Act, 1988, challenging a c...

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Bombay High Court Upholds Amendment of Plaint in Property Dispute — No New Cause of Action Introduced. Amendment seeking to add details of alternate accommodation agreement and electricity disconnection allowed as it clarifies existing claim without changing the nature of the suit.

The petitioner, Ravi Ashish Builders Ltd, challenged an order dated 10th September 2018 passed by the learned trial judge allowing Chamber Summons No....

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Bombay High Court Partly Allows Appeal by Owner of Uninsured Truck in Motor Accident Claim. Compensation Enhanced from Rs.82,200 to Rs.1,50,000 for Death of Pillion Rider Due to Rash Driving Under Motor Vehicles Act, 1988.

The case arises from a motor accident on 22/2/1995 where Nirmala, a 57-year-old woman, died as a pillion rider on a moped after being hit by a truck. ...

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Bombay High Court Dismisses Journalist's Compensation Claim for Handcuffing During Police Transit. No Violation of Articles 14 and 21 Found as Handcuffing Was Justified by Threat of Escape and No Malice Established.

The petitioner, Satish Banwarilal Sharma, a journalist and managing editor of a daily newspaper, filed a criminal writ petition under Article 226 of t...

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Bombay High Court Dismisses Revenue's Appeal in Sales Tax Case on Handling Charges. Handling charges for registration of motor cycles are not part of sale price under Section 2(25) of MVAT Act, 2002.

The Revenue appealed against an order of the Maharashtra Sales Tax Tribunal which set aside tax on handling charges collected by the respondent, a dea...

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Bombay High Court Upholds Tribunal's Finding of Export Sale Under Section 5(1) Central Sales Tax Act, 1956 — Sale Completed by Transfer of Documents After Goods Crossed Customs Frontiers. Letter Dated 16/7/1971 Did Not Alter Original Contract Terms; Sale Held in Course of Export.

The case involves a sales tax reference under Section 61(1) of the Bombay Sales Tax Act, 1959, at the instance of the Commissioner of Sales Tax, Mahar...