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Bombay High Court Allows Section 11 Application for Appointment of Arbitrator in Insurance Dispute Despite Discharge Voucher. Dispute as to Quantum Under Fire Insurance Policy Referred to Arbitration Under Clause 13 of Standard Fire and Special Perils Policy.

The applicant, MIRC Electronics Ltd., filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of a so...

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Bombay High Court Issues Rule in Writ Petition Challenging Orders Restricting Redevelopment of Cooperative Society under PWR-219 Scheme. Court frames issues regarding requirement of prior permission from Social Welfare Department for redevelopment using additional FSI/TDR.

The writ petition under Article 226 of the Constitution of India was filed by a co-operative housing society challenging orders dated 8 June 2016 and ...

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Bombay High Court Dismisses Summary Suit for Recovery of Loan Due to Unenforceable Oral Agreement and Lack of Written Contract. Loan advanced for litigation funding held to be a contingent agreement not enforceable under Order 37 CPC as it lacked a written contract and was based on an oral understanding.

The plaintiff, Vishal Kedia, filed a commercial summary suit under Order 37 of the Code of Civil Procedure, 1908, against the defendant, Sureshkumar S...

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Supreme Court Allows State Appeal in Service Matter - MNP Workers Not Entitled to Regularisation. Government Scheme for Village Level Workers Was Temporary and Not a Regular Employment Scheme, Hence No Right to Absorption.

The State of Tamil Nadu appealed against a Division Bench judgment of the Madras High Court which affirmed a Single Judge order directing the State to...

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Supreme Court Allows Insured's Appeal in Motor Insurance Claim Case — Policy Extended to Nepal Covers Accident Occurring Therein. Insurer Liable to Indemnify Third-Party Claims Under Motor Vehicle Insurance Policy Despite Territorial Extension Clause.

The appellant, Hem Raj, owned a Mahindra Pick-up vehicle insured with The New India Assurance Co. Ltd. under policy No.36060231130100003910 for the pe...

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Bombay High Court Upholds Insurance Company's Liability in Motor Accident Claim — Pay and Recover Order Against Owner Upheld. Insurer Directed to Pay Compensation to Claimants and Recover from Owner Due to Breach of Policy Conditions.

The appeal was filed by the United India Insurance Company Ltd. challenging the Judgment and Award dated 28.08.2017 passed by the Motor Accident Claim...

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Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence of Claimant. Claimant as Pillion Rider Failed to Wear Helmet and Was Not a Third Party Under Motor Vehicles Act, 1988, Section 166.

The case involves a motor accident claim filed by Devidas Waikar (claimant) who was a pillion rider on a motorcycle driven by Narhari Chalak (responde...

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Bombay High Court Quashes RTA Resolution Mandating 1300 cc Engine for Contract Carriage Permits — Ultra Vires Motor Vehicles Act, 1988. Regional Transport Authority Cannot Impose Conditions Beyond Those Specified in Section 74 of Motor Vehicles Act, 1988.

The petitioner, Mumbai Pune Taxi Owners Association, a society registered under the Societies Registration Act, 1860, comprising taxi owners operating...