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Supreme Court Constitution Bench Examines Applicability of Part I of Arbitration Act, 1996 to Foreign-Seated Arbitrations. Reference Arises from Conflicting Views in Bhatia International and Venture Global Engineering.

The Supreme Court of India, by a reference order dated 16 January 2008, directed the listing of Civil Appeal No. 7019 of 2005 and connected matters be...

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Gujarat High Court Allows Insurance Company's Appeal in Motor Accident Claim Due to Unlicensed Driver. Driver lacked valid transport licence; insurer liable to pay compensation but entitled to recover from owner and driver under 'pay and recover' principle.

The case arises from a motor accident claim where the claimant sustained injuries due to a collision between a motorcycle and a luxury bus. The Motor ...

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Bombay High Court Partly Allows Insurance Appeal in Motor Accident Injury Claim — Reduces Compensation Due to Deduction of Mediclaim Amount and Adjusts Multiplier. Driver's Licence Validity Upheld as Light Motor Vehicle Licence Covers Tempo Under Section 10(2)(d) of Motor Vehicles Act, 1988.

The appeal arises from an Award dated 1st February 2024 passed by the Motor Accident Claims Tribunal, Mumbai in Application No.626/2017, awarding comp...

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High Court of Karnataka Examines Taxability of Solatium Component in Land Acquisition Compensation Under GST. Issue Concerns Whether Receipt of Solatium Constitutes a Service Under Entry 5(e) of Schedule II to CGST Act, 2017 or Falls Under Exempt Transfer of Land.

The case comprised a batch of five writ petitions filed before the High Court of Karnataka under Articles 226 and 227 of the Constitution of India. Th...

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Bombay High Court Dismisses Insurer's Appeal in Motor Accident Claim — Upholds Pay-and-Recover Direction. Tribunal Has Power to Direct Insurer to Pay Compensation First and Recover from Owner Even if Policy Breach Found, as Per Division Bench in Traders Pvt. Ltd.

The appeal was filed by the Oriental Insurance Company Limited challenging the order of the Motor Accident Claims Tribunal which directed the insurer ...

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Bombay High Court Dismisses Challenge to Arbitral Award in Steel Coils Supply Dispute — Non-Conforming Goods Justify Rejection and Damages. The court upheld the arbitral award granting damages for breach of contract where goods did not meet specifications under the contract for sale of goods.

The petitioner, JSW Steel Ltd., challenged an arbitral award dated 28th May 2013 under Section 34 of the Arbitration and Conciliation Act, 1996. The d...

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Bombay High Court Partly Allows Insurer's Appeal in Motor Accident Claim — One-Third Deduction for Personal Expenses Applied Instead of One-Fifth. Pay-and-Recover Direction Upheld Despite Expired Driving Licence Under Motor Vehicles Act, 1988.

The appeal arose from a judgment of the Motor Accident Claims Tribunal, Amravati, in M.A.C.P. No.100/2009, awarding compensation of Rs.6,23,900/- to t...

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Bombay High Court Dismisses Appeal by Truck Owner in Motor Accident Claim — Contributory Negligence of Both Drivers Upheld. Injured passenger awarded Rs.1,35,000/- for amputation of both legs; owner's insurer absolved due to breach of policy conditions.

The appellant, Sikhandar Khan Rashid Khan, owned a truck (MWA 5169) that was involved in a collision with another truck (MWU 7175) on 26 April 1988 on...