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High Court of Karnataka Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence. Claimant's failure to produce valid driving licence and negligence in driving led to reduction of compensation by 50%.

The case involves two appeals filed by the Oriental Insurance Co. Ltd. against the judgment and award dated 03.10.2009 passed by the Civil Judge (Sr.D...

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Bombay High Court Considers Validity of Slum Rehabilitation Area Declaration Where No Show Cause Notice Was Issued. The Court Examines Whether Principles of Natural Justice Require Opportunity of Hearing Before Section 3C(1) Declaration Under Maharashtra Slum Areas Act, 1971.

This writ petition was filed in the Bombay High Court challenging the declaration of certain property as a Slum Rehabilitation Area under Section 3C(1...

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Supreme Court Allows Appellant's Appeal Against High Court's Jurisdiction Finding in GST Notification Challenge. High Court of Sikkim Lacked Territorial Jurisdiction as Cause of Action for Challenging Goa's GST Notification Arose in Goa, Not Sikkim, Under Article 226(2) of the Constitution.

The dispute originated from writ petitions filed before the High Court of Sikkim by a private limited company engaged in the lottery ticket business, ...

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Bombay High Court Dismisses Contempt Petition Against Judicial Officer for Alleged Disregard of Precedents. Court holds that mere erroneous orders or non-mention of cited judgments do not constitute contempt under the Contempt of Courts Act, 1971.

The petitioner, Yogesh Waman Athavale, an advocate practicing in Chiplun, filed a contempt petition under the Contempt of Courts Act, 1971, against re...

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Bombay High Court Partly Allows Insurance Company Appeal in Motor Accident Claim — Reduces Compensation Due to Lack of Income Proof. Claimant's 100% Permanent Disability Acknowledged but Multiplier and Income Assessment Modified Under Motor Vehicles Act, 1988.

The National Insurance Company Ltd. appealed against the judgment and order dated 7.6.2004 of the Motor Accidents Claims Tribunal, Pune, in Claim Peti...

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Bombay High Court Allows Tenant's Revision Against Eviction Decree for Lack of Valid Service of Notice Under Section 15 of Maharashtra Rent Control Act, 1999. The court held that the landlord failed to prove valid service of statutory notice, and the appellate court's finding was perverse.

The case involves a civil revision application filed by the tenant, Mohanlal Soni, challenging the decree of eviction passed by the learned District J...

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Bombay High Court Allows Impleadment of Beneficiaries in Trust Petition — Order 1 Rule 10 CPC Applies. Court holds that persons claiming beneficial interest under a trust are necessary and proper parties to a trust petition under Section 41A of the Presidency Small Cause Courts Act, 1882.

The case involves a Chamber Summons filed by the petitioner, Harishchandra Amarnath Puri, in a Trust Petition (No. 1 of 2017) pending before the Bomba...

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Bombay High Court Upholds Injunction Against Developer in MOFA Dispute Over Common Areas and Parking Rights. Developer restrained from constructing on open space and selling car parks as they are common facilities under Maharashtra Ownership Flats Act, 1963.

The dispute arises from a development project known as Phoenix Towers in Parel, Mumbai. The appellants, Phoenix Construction Company and another, are ...