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Bombay High Court Dismisses Appeal in Specific Performance Suit Against LIC — Tenant Association Fails to Prove Readiness and Willingness. Agreement to Sell Not Concluded as Essential Terms Remained Unsettled and No Binding Contract Was Formed Under Section 10 of Specific Relief Act, 1963.

The appeal arose from a decree of the City Civil Court, Greater Mumbai dismissing S.C. Suit No. 8228 of 1984, which was a suit for specific performanc...

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Bombay High Court Allows Appointment of Arbitrator in Employment Dispute Despite Alleged Full and Final Settlement. Arbitration Clause Survives Termination of Contract and Dispute Regarding Settlement Must Be Decided by Arbitrator.

The applicant, Akshat Madan, filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of an arbitrator...

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Bombay High Court Upholds Tribunal in Sales Tax Reference — Activity on Customer's Goods Not Manufacture. Processing of customer-supplied goods constitutes works contract, not manufacture, under Bombay Sales Tax Act, 1959, and purchase tax under Section 13AA is not leviable.

The case involves a reference under Section 61(1) of the Bombay Sales Tax Act, 1959, at the instance of the Revenue, against the judgment of the Mahar...

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High Court of Bombay at Nagpur Upholds Insurance Company's Liability in Minor Driver Accident Case — Breach of Policy Conditions Not Proven. Insurer failed to establish that the owner knowingly permitted a minor to drive, thus joint liability with owner upheld under Motor Vehicles Act, 1988.

The case involves an appeal by United India Insurance Company Ltd. against the judgment and order of the Motor Accident Claims Tribunal, Nagpur, in Cl...

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High Court of Karnataka Adjudicates Appeal Against Dismissal of Specific Performance Suit Arising from Joint Development MOU; Developer Seeks Amendment to Include Refund Claim After Dismissal of Suit.

The appeal arose from a commercial suit for specific performance of a Memorandum of Understanding (MOU) dated 27.09.2004. The appellant, M/s Whitefiel...

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High Court of Karnataka Reduces Compensation in Motor Accident Claim Due to Contributory Negligence — Dog on Road Caused Rider to Fall, Not Vehicle Impact. Claimant's Son Died After Losing Control of Motorcycle While Avoiding a Dog; Insurance Company's Appeal Partly Allowed Reducing Liability by 50%.

The appeal was filed by the Insurance Company under Section 173(1) of the Motor Vehicles Act, 1988, challenging the judgment and award dated 28.02.201...

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Gujarat High Court Allows ESI Corporation's Appeal in ESI Coverage Dispute — Remand Order Set Aside for Lack of Jurisdiction. ESI Court Exceeded Its Powers Under Section 75 of ESI Act, 1948 by Remanding Matter to Appellate Authority Instead of Adjudicating Dispute Itself.

The present appeal arises from a judgment dated 01.04.2023 passed by the learned ESI Court, Ahmedabad in ESI Application No. 54 of 2017. The appellant...

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High Court of Bombay at Nagpur Dismisses Insurance Company's Appeal in Motor Accident Claim — Deceased's Income as Shikshan Sewak Assessed at Rs.19,000 per Month Based on 6th Pay Commission. Compensation of Rs.44,21,000 Upheld as Just and Proper.

The case involves an appeal filed by Shriram General Insurance Company Ltd. under Section 173 of the Motor Vehicles Act, 1988, challenging the award o...