Search Results for "appellate enhancement"

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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 Acquits Accused in Murder Case Due to Incredible Dying Declaration...
Supreme Court Quashes Criminal Proceedings Under Section 182 IPC for Lack of Val...

Search Results for "appellate enhancement"

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Supreme Court

Supreme Court Enhances Compensation for 100% Disabled Child in Motor Accident Case — Just Compensation Must Include Adequate Attendant Charges, Pain and Suffering, and Loss of Marriage Prospects. The Court held that for a child with 100% permanent disability, compensation under various heads must be realistic and substantial, not token.

31 Jan 2020

The case involves a claim for compensation by Kajal, a young girl who suffered catastrophic injuries in a motor accident on 18th October 2007. While t...

Supreme Court

Supreme Court Sets Aside Impounding of Unstamped Agreement in Specific Performance Suit Pending for 29 Years — Refund of Stamp Duty on Cancelled Conveyance Permitted. The court held that impounding under Section 35 of Indian Stamp Act, 1899 is discretionary and would be unjust where appellant had already paid stamp duty on a conveyance that was cancelled due to setting aside of consent decree.

4 Oct 2019

The case arises from a dispute over a tea estate. The appellant, M/s Terai Tea Company Limited, entered into an agreement to sell dated 15th January 1...

Supreme Court

Supreme Court Allows Appeal in Motor Accident Claim - Multiplier Based on Deceased's Age and Future Prospects Added. Compensation Enhanced for Death of 19-Year-Old Bachelor, Insurance Company Directed to Pay Additional Rs. 1,60,000 with Interest.

10 Dec 2019

The appeal arose from a motor accident claim where the deceased, Yitesh Sadana alias Prince, a 19-year-old bachelor, died due to the negligence of a b...

High Court

Bombay High Court Allows Land Acquisition Compensation Enhancement Petitions and Bank's Intervention Application — Compensation Determined Under Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. Court held that the Reference Court must consider market value as on the date of notification under Section 11 of the 1894 Act, and that the bank as mortgagee has a right to be heard in compensation proceedings.

16 Jan 2024

The judgment concerns multiple writ petitions filed by landowners (Sandesh Vitthal Thakur and others, Dipen Vadodaria, Sharad K Vasant, and M/s. Virat...

High Court

Bombay High Court Allows Appeals in Motor Accident Claims, Holds Insurance Company Liable Despite Breach of Policy Conditions. The court directed pay and recover from the owner for violation of permit conditions, relying on Section 149 of the Motor Vehicles Act, 1988.

8 Mar 2024

The case arises from a motor accident that occurred on an unspecified date, involving a vehicle owned by Shrihari s/o Kalyanrao Parkale (respondent No...

High Court

Bombay High Court Allows Wife's Execution Application Against Husband and Bank for Maintenance Decree — Garnishee Order Upheld. Family Court erred in dismissing execution application on ground of limitation; execution of maintenance decree is governed by Article 136 of Limitation Act, 1963, and the decree-holder is entitled to execute the decree within 12 years from the date of decree becoming enforceable.

2 Mar 2023

The appellant, Meghna Sanjeev Ranade, married the respondent No.1, Sanjeev Vyankatesh Ranade, on 8th February 1993. On 16th October 1998, she filed a ...

High Court

Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim Due to Permit Violation and Remarriage of Widow. Insurer Liable to Pay Compensation to Third Party Victims Despite Breach of Permit Conditions; Remarriage Does Not Bar Claim for Loss of Dependency.

3 Mar 2023

The case arises from a motor accident that occurred on 15th May 2010, when Sakharam Gaikwad was riding a motorcycle with deceased Ganesh as a pillion ...

High Court

Bombay High Court Partially Allows Insurance Appeal and Dismisses Cross Objections in Motor Accident Claim — Reduces Compensation for Contributory Negligence. Deceased's contributory negligence assessed at 40% upheld, but compensation reduced under certain heads.

8 Mar 2023

The case arises from a motor accident on 19th February 2010 on the Pune-Mumbai Express Highway. The deceased, Jignesh Parekh, was driving his car when...

High Court

Bombay High Court Allows Writ Petition Seeking Release of Enhanced Compensation Under National Highways Act, 1956 — Competent Authority Cannot Insist on Succession Certificate for Payment of Enhanced Compensation Awarded Under Section 3G of the National Highways Act, 1956, as the Act is a Complete Code and the Award Determines Entitlement.

13 Oct 2023

The petitioners, five individuals, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a direction to the respondent...

High Court

Bombay High Court Allows Writ Petition Seeking Release of Enhanced Compensation Under National Highways Act, 1956 — Succession Certificate Not Required for Legal Heirs. The Court held that the right to enhanced compensation vests in the legal heirs of the original landowners by operation of law, and the Competent Authority cannot insist on a succession certificate for disbursement.

13 Oct 2023

The petitioners, five individuals, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a direction to the respondent...

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