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Supreme Court Allows Appeal in NHAI Contract Dispute — BOQ Rate Applies to Increased Quantity Without Design Change. Variation Clause 52.2 Not Attracted Where Quantity Increase Due to Employer's Erroneous Estimate, Not Engineer's Instruction or Design Change.

The dispute arose out of a contract awarded by the National Highways Authority of India (NHAI) to Somdatt Builders-NCC-NEC(JV) for four-laning of a hi...

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Supreme Court Allows Appeal in Karnataka Land Reforms Case — Restores Land Tribunal's Grant of Occupancy Rights Over Punja Land. The Court held that the High Court erred in setting aside the Tribunal's findings of fact regarding possession and cultivation as on the appointed date.

The case involves a dispute over occupancy rights under the Karnataka Land Reforms Act, 1961. The appellant's predecessor, Bona Menezes, claimed tenan...

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High Court of Karnataka Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence of Injured Claimant. Claimant's Own Negligence in Driving Without Valid License and Without Helmet Led to Reduction of Award by 50%.

The case involves three appeals arising from a motor accident claim. The claimant, Dr. Uma, a 35-year-old doctor, sustained injuries when the scooter ...

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Gujarat High Court Allows Appeal in Motor Accident Claim for Death After 18 Months — Tribunal's Denial of Future Loss of Income Set Aside. Causal Connection Between Accident and Death Established Through Medical Evidence Despite Absence of Post-Mortem Under Section 173 of Motor Vehicles Act, 1988.

The case arises from a motor accident claim where the deceased, Pravin Pawar, sustained injuries on 03.03.2016 when a tractor reversed and dashed him ...

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High Court Appoints Arbitrator in Dispute Under Arbitration and Conciliation Act, 1996 After Previous Arbitrator's Withdrawal Due to Ill Health

The High Court of Bombay heard two commercial arbitration applications filed by Applicants seeking appointment of an arbitrator under Section 11 of th...

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Company Appeal (AT) (Insolvency) No. 1422 of 2024

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High Court of Karnataka Dharwad Bench Examines Motor Accident Claims Appeals Involving Exoneration of Insurer. The case turns on whether non-renewal of transport endorsement on a driving licence constitutes absence of valid licence, affecting insurer's liability under Motor Vehicles Act, 1988.

These appeals arose from motor accident claims following a collision on 05.04.2012 between a Tata Ace vehicle (KA-35/A-7411) and a lorry (KA-16/A-4378...