Search Results for "statutory defences"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
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Search Results for "statutory defences"

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High Court

Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim Case Due to Breach of Policy Conditions. The court upheld the principle of 'pay and recover' under Section 149 of the Motor Vehicles Act, 1988, holding the insurer liable to pay compensation to third-party victims even if the driver lacked a valid license.

7 Sep 2020

The present appeal was filed by the United India Insurance Co. Ltd. (the appellant) challenging the judgment and award dated 18-08-2005 passed by the ...

High Court

Bombay High Court Allows Writ Petition Challenging Railway's Refusal to Grant NOC for Redevelopment of Cooperative Housing Society. Held that Railway land vests in the President of India and the Railway has no authority to demand NOC for redevelopment on land owned by MHADA.

3 Dec 2020

The petitioners, Vinobha Bhave Nagar Godavari Adhyapak Cooperative Housing Society Ltd. and M/s. Nisar Properties Pvt. Ltd., filed a writ petition und...

High Court

High Court of Karnataka Upholds Trial Court Order Striking Out Defence for Non-Compliance with Conditional Order Under Order VIII Rule 1 CPC. Failure to Pay Costs and File Written Statement Within Extended Time Leads to Automatic Striking Out of Defence.

8 Jul 2025

The petitioners, Mr. Venugopal Krishnamurthy and Mrs. Poorna Venugopal, filed a writ petition under Article 227 of the Constitution of India challengi...

High Court

High Court of Karnataka Allows Miscellaneous Second Appeal Against Remand Order — Sets Aside First Appellate Court's Remand for Lack of Proper Reasoning. The Court held that a remand order under Order XLI Rule 23-A CPC must record satisfaction that the judgment is reversed and retrial is necessary, and cannot be passed without setting aside findings on all issues.

6 Aug 2025

The present appeal is a Miscellaneous Second Appeal filed by the 2nd defendant in a suit for declaration and permanent injunction, challenging the ord...

High Court

Bombay High Court Allows Appeal in Cheque Dishonour Case, Sets Aside Acquittal Under Section 138 of Negotiable Instruments Act, 1881. Presumption of Legally Enforceable Debt Arises Upon Admission of Signature and Handwriting on Cheque and Promissory Note.

12 Jan 2010

The case involves a criminal appeal filed by the original complainant, Mrs. Rosa Maria Fernandes, against the judgment and order dated 11.12.2008 pass...

High Court

Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Deceased Were Gratuitous Passengers in Goods Vehicle, Not Covered Under Insurance Policy. The court held that under Section 95 of the Motor Vehicles Act, 1939, an insurance policy for a goods vehicle does not cover passengers carried for hire or reward, and the deceased were not employees of the owner, thus the insurer is not liable.

12 Mar 2010

The case involves two appeals filed by the United India Insurance Co. Ltd. against the award of the Motor Accidents Claims Tribunal. The accident occu...

High Court

Bombay High Court Dismisses Application for Appointment of Arbitrator in Fraud Dispute. Serious Allegations of Misappropriation Render Dispute Non-Arbitrable Under Section 11(6) of the Arbitration and Conciliation Act, 1996.

7 Jan 2011

The Applicant, Ivory Properties & Hotels Pvt. Ltd., filed an application under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeking ap...

High Court

Bombay High Court Dismisses Landlord's Writ Petition Challenging Small Causes Court's Jurisdiction in Rent Control Exemption Case. Section 41 of Presidency Small Cause Courts Act, 1882 Confers Jurisdiction Over Landlord-Tenant Suits Irrespective of Applicability of Maharashtra Rent Control Act, 1999.

21 Oct 2011

The Petitioner, Depe Global Shipping Agencies Pvt. Ltd., is the landlord, and the Respondent, MPIL Corporation Ltd., is the tenant in respect of suit ...

High Court

Bombay High Court Dismisses Port Trust's Appeal for Recovery of Dock Charges Against Shipping Agent. Agent Not Liable as Bailor for Importer's Unpaid Wharfage and Demurrage Under Major Port Trusts Act, 1963.

3 Oct 2011

The Board of Trustees of the Port of Bombay (Appellant) filed Suit No.2527 of 1989 against Nav Bharat Trading Co. (first defendant) and Forbes Gokak L...

High Court

Bombay High Court Allows Petition to Strike Issue of Mundkar Rights in Civil Suit — Lack of Specific Pleadings. Issue framed on vague allegations without particulars of occupation under Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975 cannot be sustained.

18 Oct 2011

The petitioner, Shri Mahableshwar Pandurang Halankar, filed a writ petition challenging an order dated 30.06.2008 passed by the Civil Judge, Senior Di...

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