Search Results for "statutory defences"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Enhances Child Maintenance and Grants Interim Medical Maintenance ...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...

Search Results for "statutory defences"

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High Court

Bombay High Court Upholds Pay-and-Recover Direction Against Insurer for Dishonoured Cheque Premium — Insurer Must Pay Third-Party Claimants First Then Recover from Owner. The court held that under Section 149 of the Motor Vehicles Act, 1988, the insurer is liable to third parties even if the premium cheque was dishonoured, and the direction to pay first and recover from the owner is valid.

4 Dec 2017

The Oriental Insurance Co. Ltd. appealed against the judgment and award dated 7th November 2008 passed by the Motor Accident Claims Tribunal, Akola in...

High Court

Bombay High Court Dismisses Petition Challenging Appellate Court's Order Granting Temporary Injunction in Tenant Dispute. District Judge's Power to Reappreciate Evidence in Injunction Appeals Upheld Under Order 39 CPC.

12 Oct 2018

The petitioners, Abidbhai and Musabhai, filed a writ petition challenging the judgment and order dated 17th January 2014 passed by the District Judge,...

High Court

Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence of Deceased. The Court apportioned liability 50:50 between the car driver and the truck driver, reducing the insurer's liability from full award to 50%.

4 Dec 2018

The case arises from a motor accident claim filed by the legal representatives of a deceased pillion rider. The deceased was riding pillion on a motor...

High Court

Bombay High Court Upholds Industrial Court's Order Granting Permanency to Fixed-Term Security Guard in Saudi Arabian Airlines Case. Fixed-term employment found to be a camouflage to deny permanency benefits under MRTU & PULP Act.

1 Nov 2018

The appellant, Saudi Arabian Airlines, engaged the respondent workman as a Security Guard on a fixed-term contract from 1st October 1989 for two years...

High Court

High Court Dismisses Revenue Appeal in Income Tax Penalty Case — No Substantial Question of Law Arises. Penalty under Section 271(1)(c) of Income Tax Act, 1961 cannot be imposed for mere disallowance of claim without finding of concealment or furnishing inaccurate particulars.

21 Jun 2018

The Revenue filed an appeal under Section 260-A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal dated 29.12.2016, w...

High Court

High Court of Karnataka Dismisses Petition Challenging Levy of Damages Under Section 14B of EPF Act for Delayed Contributions. Financial Difficulty or Sickness of Establishment Not a Valid Ground for Waiver of Damages Under Section 14B of Employees' Provident Funds and Miscellaneous Provisions Act, 1952.

6 Apr 2017

The petitioner, Belgaum Co-operative Cotton Spinning Mills Ltd., a sick industrial unit, filed a writ petition under Articles 226 and 227 of the Const...

High Court

High Court of Karnataka Dismisses Second Appeal in Property Dispute Between Brothers — Sale Deed Held Valid and Binding. Plaintiff Failed to Prove Agreement of Sale and Possession, Suit for Specific Performance Barred by Limitation.

29 Mar 2016

The plaintiff, Sri Ramakrishnappa, filed a second appeal against the concurrent judgments of the trial court and the first appellate court dismissing ...

High Court

High Court of Karnataka Dismisses Appeal in Property Dispute Between Sisters — Upholds Trial Court's Decree of Declaration and Permanent Injunction. Gift Deed by Father Confers Title to Plaintiff; Defendant's Claim of Adverse Possession Fails as Possession is Permissive.

30 Jun 2015

The case involves a property dispute between two sisters, the appellant (defendant) and the respondent (plaintiff), over a house originally owned by t...

High Court

High Court of Karnataka Allows Appeal in NI Act Case — Complainant Company's Authorised Representative Held Competent to File Complaint. The court set aside acquittal and remanded the case for fresh consideration on merits, finding that the trial court erred in holding that the complaint was not filed by an authorised person.

27 Sep 2013

The appellant, M/s Canara Workshops Limited, a company incorporated under the Companies Act, 1956, filed a complaint under Section 138 of the Negotiab...

Supreme Court

Supreme Court Allows Wholesaler in Food Adulteration Case on Warranty Provision. Cash Memo Statement 'Quality Upto the Mark' Constituted Valid Warranty Under Proviso to Rule 12-A of Prevention of Food Adulteration Rules, 1955.

14 Aug 1969

The case originated from a complaint against the appellant, a wholesaler holding a license, for storing and selling compounded asafoetida found to be ...

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