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Supreme Court Allows Appeal in Mediclaim Policy Renewal Dispute — Insurer Must Disclose Material Changes in Coverage at Renewal. Renewal of Insurance Policy is Not a Fresh Contract; Insurer Owed Duty to Inform Insured of Restrictive Terms Under Principle of Utmost Good Faith.

The appellants, Jacob Punnen and his wife, held a Mediclaim policy with United India Insurance Co. Ltd. since 1982, renewed annually. In March 2008, t...

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High Court of Bombay Dismisses Preliminary Objections to Jurisdiction in Originating Summons for Interpretation of Trust Deed. Clause 11(v) of the Trust Deed Held Not to Exclude Court's Jurisdiction; Section 80 of the Bombay Public Trusts Act Does Not Bar the Originating Summons.

The judgment arises from an Originating Summons filed by the plaintiff, a permanent trustee of the Lilavati Kirtilal Mehta Medical Trust, a public tru...

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Bombay High Court Dismisses Petition Challenging Amendment in Plaint and Agreement in Specific Performance Suit. Court Has Power Under Section 26 of Specific Relief Act, 1963 to Rectify Instrument to Correct Clerical Error in Gat Number.

The present writ petition was filed by the original defendant challenging the order of the trial court allowing the plaintiff's application for amendm...

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Bombay High Court Allows Revenue's Appeal in Transfer Pricing Case Due to Non-Application of Mind by ITAT. Tribunal's order set aside for failing to consider the TPO's detailed analysis and rejecting comparables without proper reasoning under Section 92C of the Income Tax Act, 1961.

The appeal was filed by the Pr. Commissioner of Income Tax - 6 under Section 260A of the Income Tax Act, 1961 against the order of the Income Tax Appe...

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Bombay High Court Dismisses Husband's Petition Challenging Maintenance Award to Wife Under Section 125 CrPC. Wife's Earning Capacity Does Not Bar Maintenance If She Is Unable to Maintain Herself.

The petitioner, Harischandra Bhanudas Lande, filed a writ petition challenging the orders of the Judicial Magistrate, Shevgaon, and the Revisional Cou...

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Bombay High Court Dismisses Appeal Against Temporary Injunction in Specific Performance Suit Based on Oral Agreement for Sale. Agreement to Sell Need Not Be in Writing If Followed by Part Performance Under Section 53A of Transfer of Property Act, 1882.

The present appeal arises from an order dated 6/11/2004 passed by the Joint Civil Judge, Senior Division, Nagpur in Special Civil Suit No. 201/2004, g...