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Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Insurer Failed to Prove Truck Not Insured with It. Burden of Proof on Insurer to Show Non-Insurance Under Section 173 of Motor Vehicles Act, 1988.

The New India Assurance Co. Ltd. filed an appeal under Section 173 of the Motor Vehicles Act, 1988, challenging the judgment and award dated 15th July...

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Karnataka High Court Allows State Appeal in Freedom Fighters' Pension Case — Upholds Government Order Denying Pension Due to Lack of Proof of Participation. Court Holds That Pension Sanction Order Must Be Based on Documentary Evidence and Not on Conjectures.

The case pertains to a writ appeal filed by the State of Karnataka against the order of a learned Single Judge directing the release of freedom fighte...

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Gujarat High Court Allows Appeals in Tenancy Suo Moto Revision Case — Limitation Not Applicable to Section 84C Powers. Concurrent findings of fact by revenue authorities cannot be interfered with under Article 227 unless perverse.

The case involves a set of intra-court appeals (Letters Patent Appeals) filed against a common judgment dated 21.11.2016 passed by a learned Single Ju...

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Gujarat High Court Quashes Appointment of Court Commissioner in Partition Suit for Lack of Notice to Defendant. Appointment of Commissioner under Order 26 Rule 9 CPC for collecting evidence of possession without notice to affected party is illegal and beyond scope of provision.

The petitioner, original defendant No.4, filed a petition under Article 227 of the Constitution of India challenging an order dated 6.3.2024 passed by...

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Gujarat High Court Quashes Appointment of Court Commissioner in Partition Suit for Lack of Notice to Defendant. Appointment of Commissioner under Order 26 Rule 9 CPC for collecting evidence of possession is impermissible without hearing the affected party.

The petitioner, Hemantkumar Chandrakant Gaywala, original defendant No.4, filed a Special Civil Application under Article 227 of the Constitution of I...

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Karnataka High Court Hears Appeal in Property Dispute; Focuses on Compliance of Order 32 CPC and Effect of Abatement on Deceased Defendant

The appeal was filed against the judgment and decree dated 08.11.2013 passed by the XXVIII Additional City Civil Judge, Bangalore, in O.S.No.16723/200...

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Bombay High Court Hears Challenge to Food Safety Authority’s Advisories Allegedly Amending Regulations Without Statutory Power. Validity of Advisory Issued Under Food Safety and Standards Act, 2006, Questioned as Ultra Vires Section 92 of the Act.

A writ petition under Article 226 of the Constitution of India was filed by Vital Nutraceuticals Private Limited and the Indian Drug Manufacturers’ ...