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Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Death Due to Accident Established on Preponderance of Probabilities. Postmortem evidence of rigor mortis not conclusive to rule out accidental death; driver's license validity not disproved.

The case arises from a motor accident claim petition filed by the husband and son of the deceased, Prabhavati Balkrushna Bhat, who died in a car accid...

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Bombay High Court Dismisses PIL Challenging Development Permission and Parking Agreement for Hotel Tunga Regency. Court holds that the petitioner failed to establish any illegality or public interest violation in the grant of development permission and leave and license agreement for public parking plot.

The petitioner, Sandeep Sharadchandra Thakur, claiming to be a social activist, filed a Public Interest Litigation (PIL) before the Bombay High Court ...

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Supreme Court Partly Allows Appeal in NDPS Act Case, Modifying Sentence on Double Punishment Grounds. Separate sentences for offences under Sections 20 and 25/29 from same transaction held impermissible, and fine cannot be cumulative when sentences run concurrently under Section 53 IPC.

The appeal arose from a conviction under the Narcotic Drugs and Psychotropic Substances Act, 1985. The appellant and a co-accused were intercepted dur...

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Gujarat High Court Enhances Compensation for Paraplegic Claimant in Motor Accident Case — Multiplier Applied as per Sarla Verma, Future Prospects Granted, and Interest Rate Increased to 9%

The appeal was filed by the original claimant, Dhanrajbhai Khumabhai Rabari (since deceased, represented by legal heirs), against the judgment and awa...

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High Court of Karnataka Enhances Compensation in Motor Accident Claim Case — Apportionment of Liability Between Two Vehicles Determined. Negligence of KSRTC Bus Driver and Motorcycle Rider Established; Contributory Negligence Not Applicable.

The case arises from a motor vehicle accident that occurred on 18th June 2007 involving a KSRTC bus and a Hero Honda Splendor motorcycle, resulting in...

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Bombay High Court Upholds Tribunal's Finding that Crane Hirer is Not a 'Dealer' Under Lease Act. Transaction of Hiring Crane with Operator is a Works Contract, Not a Sale of Right to Use Goods.

The case involves a reference under the Maharashtra Sales Tax on Transfer of Right to Use Any Goods for Any Purpose Act, 1985 (Lease Act). The respond...

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Bombay High Court Deliberates on Applicability of Limitation Act to Appeals Before Collector Under Section 137 of Bombay Prohibition Act, 1949. Issue Centered on Whether Collector is a 'Court' for the Purpose of Section 29(2) of the Indian Limitation Act, 1963.

The writ petition arose from a demand notice dated 23 June 2003 issued to the petitioner, proprietress of Vishal Liquors, an ex-CLII licensee, for an ...

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Supreme Court Partly Allows Appeal by Corporation in Dismissed Bus Driver Case — Review Order Upheld but Back Wages Reduced to 50%. Corporation's Suppression of Evidence Before Labour Court Constitutes Perversity, but Full Back Wages Not Automatic Under Industrial Disputes Act, 1947.

The case involves an appeal by the Maharashtra State Road Transport Corporation against a High Court order that allowed a review petition filed by Mah...

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High Court of Bombay Enhances Compensation for 100% Disabled Claimant in Motor Accident Case — Traumatic Paraplegia Victim Awarded Enhanced Compensation with Interest. Claimant's permanent disablement due to road accident led to enhancement of compensation under Section 166 of Motor Vehicles Act, 1988.

The judgment arises from two appeals against the award of the Motor Accident Claims Tribunal, Mumbai, in Claim Application No.164 of 2005. The claiman...