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Bombay High Court Allows Appeal Against Return of Plaint in Transport Dispute — Jurisdiction Determined by Place of Wrongful Detention. Order 7 Rule 10 CPC Return of Plaint Set Aside as Trial Court Failed to Consider That Part of Cause of Action Arose Within Its Jurisdiction.

The appellants, Mallikarjun Transport and Chitrarekha Omprakash Khake, were transporters who entered into a contract with Gangapur Cooperative Sugar F...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Defence Transport Contract Dispute. Contractor Held Liable for Loss Despite Alleged Insistence by Respondent on Unsuitable Trailer.

The petitioner, Shiv Ganga Transport Private Limited, entered into a contract with the respondent, the President of India through the Commandant, Emba...

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Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim Case. Compensation of Rs. 79,000 with 9% Interest Upheld as Rash and Negligent Driving Established.

The case arises from two first appeals filed by United India Insurance Co. Ltd. against the judgment and order dated 5th April 2003 passed by the Moto...

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Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Deduction of Contributory Negligence and Proper Application of Multiplier. Claimants' Cross Objection Dismissed as No Evidence of Negligence of Other Vehicle.

The case arises from a motor accident claim filed by the parents of a deceased bachelor who died in a vehicular accident. The Motor Accident Claims Tr...

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Bombay High Court Upholds Dismissal of Bus Driver in Fatal Accident Case — Negligent Driving Resulting in Death and Injuries Justifies Dismissal; Labour Court's Reinstatement Order Quashed as Perverse Under Section 11A of Industrial Disputes Act, 1947.

The petitioner, Maharashtra State Road Transport Corporation (MSRTC), challenged the orders of the Labour Court and Industrial Court which had set asi...

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Bombay High Court Allows Custody of Seized Truck in Excise Case — Modifies Onerous Condition of Bank Guarantee Under Section 457 CrPC. Truck Owner Not Required to Furnish Bank Guarantee for Full Value; Reasonable Conditions to Be Imposed.

The applicant, Jilani Nasiruddin Gore, filed an application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) challenging the order of ...