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High Court of Karnataka Partly Allows BMTC Appeal in Motor Accident Claim Due to Contributory Negligence of Deceased Motorcyclist. Liability Apportioned Equally Between BMTC and Deceased, Compensation Reduced to Rs.39,55,000/- with 6% Interest.

The appeal was filed by the Bangalore Metropolitan Transport Corporation (BMTC) challenging the judgment and award dated 17.09.2016 passed by the IX A...

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Supreme Court Rejects Custom-Based Maintenance Claim in Impartible Estate for Lack of Opinio Necessitatis. Custom Not Proved as Payments Were Voluntary and Not Obligatory, Disallowing Claim for Arrears of Maintenance.

The case concerned a maintenance claim by junior members of the Kavalappara family against the Sthanee of the impartible Kavalappara estate, governed ...

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High Court of Karnataka Dharwad Bench Delivers Judgment in Regular First Appeal Against Dismissal of Partition Suit by Trial Court. The suit involved claims of joint family property, partnership business, and allegations of prior partition through relinquishment deeds and gifts.

The case involves a regular first appeal filed by the appellant/plaintiff against the judgment and decree dated 30.11.2013 in O.S.No.248/2006 passed b...

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High Court of Karnataka Dismisses KSRTC Appeals in Motor Accident Claims, Upholds Tribunal Awards for Injured and Deceased Victims. Contributory Negligence Not Established; Compensation Enhanced for Loss of Consortium and Future Prospects.

The case involves four miscellaneous first appeals filed by the Managing Director of KSRTC (North West Division) against the judgment and award dated ...

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Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Upholds Compensation for Death of Two Persons in Tempo Accident. Held that the insurance company failed to prove breach of policy conditions and that the driver's license was valid at the time of accident.

The present appeals arise out of two separate claim petitions filed by the legal representatives of two deceased persons who died in a motor vehicle a...

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Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Readiness and Willingness Upheld. Agreement to Sell for Rs. 1,10,000 with Rs. 1,000 Earnest Money; Plaintiff Proved Continuous Readiness and Willingness to Perform.

The case involves a suit for specific performance of an agreement to sell agricultural land. The plaintiffs (respondents) entered into an agreement wi...

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Bombay High Court Upholds MACT Award in Motor Accident Claim Despite Insurance Company's Breach of Policy Conditions Defense. Insurer Liable to Pay Compensation to Third Party Victims with Right to Recover from Owner Under Section 149 of Motor Vehicles Act, 1988.

The case arises from a motor accident that occurred on 5th May 2003, when a Dumper knocked down Farida Shabbir, who was proceeding on her scooter, res...

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Supreme Court Upholds Relevance of Age Statement in Will Under Evidence Act Sections 32(5)&(6) and Admissibility of Secondary Evidence. Legal Principles on Will Execution and Burden of Proof Clarified; Endorsement on Birth Register Held Inadmissible Without Examination of Its Writer.

The case concerned a Hindu male who executed a will three days before his death, bequeathing all his properties absolutely to his mother. In the will,...