Search Results for "exparte proceedings"

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Search Results for "exparte proceedings"

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High Court

High Court of Karnataka Dismisses Revision Petition in Property Suit — Rejects Plaint Rejection Under Order VII Rule 11 CPC. Suit for Partition and Declaration Not Barred by Limitation as Cause of Action Arose from Denial of Title in 2019.

21 Jul 2022

The case involves a civil revision petition filed by the defendants (petitioners) against an order of the trial court rejecting their application unde...

High Court

High Court of Karnataka Upholds Insurance Company's Liability in Motor Accident Claim — Third Party Risk Coverage Extends to Pillion Rider Under Section 147 of Motor Vehicles Act, 1988. The court held that a pillion rider on a two-wheeler is a third party covered under the insurance policy, and the insurer is liable to pay compensation even without additional premium.

2 Feb 2022

The case involves an appeal by the Oriental Insurance Company Ltd. against the judgment and award dated 26.06.2010 passed by the II Additional Distric...

High Court

High Court of Karnataka Dismisses Insurance Company's Appeal in Motor Accident Claim — No Breach of Policy Conditions Established. Insurer failed to prove that driver did not hold valid driving licence at the time of accident; burden of proof lies on insurer under Section 149(2) of Motor Vehicles Act, 1988.

28 Sep 2020

The case involves two appeals filed by the National Insurance Co. Ltd. challenging the judgment and award dated 16.11.2009 passed by the Presiding Off...

High Court

High Court of Karnataka Enhances Compensation for Mason's Death in Motor Accident Claim — Multiplier Corrected and Future Prospects Added. The Court held that the Tribunal erred in applying multiplier 13 instead of 14 and in not adding future prospects, resulting in enhanced compensation under the Motor Vehicles Act, 1988.

8 Jul 2019

The appeal was filed by the legal representatives of L. Balaraj, who died in a motor vehicle accident on 30.12.2012. The deceased, aged 30, was a maso...

High Court

High Court of Karnataka Enhances Compensation in Motor Accident Claim for Death of Auto-Rickshaw Driver Due to Negligence of Another Vehicle. Multiplier applied as per Sarla Verma and future prospects added as per Pranay Sethi principles.

24 Jun 2019

The appeal was filed by the claimants, being the wife, minor children, and mother of the deceased K.V. Ramanathan, who died in a motor vehicle acciden...

High Court

High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Upholds Compensation of Rs.2,00,000 for Minor Injured by Rash Driving. The court affirmed the Tribunal's finding of negligence and quantum of compensation under the Motor Vehicles Act, 1988.

8 Jan 2019

The appeal was filed by the United India Insurance Company Limited against the judgment and award dated 10.09.2008 passed by the III Additional Judge ...

High Court

Bombay High Court Allows Refund of CVD Paid on Imported Mobile Phones Under Exemption Notification. The court held that the exemption notification No.12/2012-Customs applies to imports and directed reconsideration of refund claims subject to verification of unjust enrichment.

30 Nov 2018

The petitioner, Micromax Informatics Limited, a company registered under the Companies Act, imported mobile handsets during July 2014 to June 2015 and...

High Court

Bombay High Court Dismisses Appeal in Property Dispute Over Flat Allotment and Possession. Court upholds concurrent findings that appellants failed to prove title or possession, and that the suit was not barred by limitation or the Cooperative Societies Act.

12 Oct 2018

The case involves a second appeal by original defendant nos. 7 and 8 (appellants) against the judgment and decree of the District Court, Pune, which c...

High Court

Bombay High Court Allows Wife's Appeal in Child Custody Case Due to Lack of Proper Service. Trial Court's Ex-Parte Order Handing Over Minor Daughter's Custody to Father Set Aside for Violation of Natural Justice.

7 Aug 2018

The appellant, Jayshri Gajendra Mahajan, wife of the respondent Gajendra Pandit Mahajan, filed an appeal against the judgment and order dated 16th Jun...

High Court

Bombay High Court Dismisses Petition Challenging Order Rejecting Application Under Order VII Rule 11 CPC in Suit for Declaration and Injunction — Petitioner Failed to Show That Plaint Did Not Disclose Cause of Action. The Court held that the plaint disclosed a cause of action as the plaintiff claimed to be a partner of the defendant No.2 firm and sought declaration of his share and injunction against his mother from interfering with the partnership business.

12 Apr 2018

The petitioner, Mrs. Gulshan Rohington Irani, who was the original defendant No.3 in a suit filed by her son Rayomand Rohinton Irani (respondent No.1)...

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