Search Results for "Section 49(3)"

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High Court of Gujarat Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence. Tribunal's error in deducting only 10% instead of 20% contributory negligence corrected; compensation reduced accordingly.

The case arises from a motor accident claim petition filed by the legal heirs of the deceased who died in a collision between his car and a truck on 2...

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High Court Dismisses Commercial Appeal by Appellant Against Order Rejecting Return of Plaint Application -- Maintainability Under Commercial Courts Act, 2015 and CPC -- Jurisdiction Dispute in Commercial Suit

The High Court dismissed a commercial appeal filed against an order rejecting an application under Order VII Rule 10 of CPC seeking return of plaint o...

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Public Interest Litigation – Suppression of Material Facts – Criminal Contempt – Maintainability of PIL. High Court dismissed the PIL on grounds of suppression of facts, lack of bona fides, and scandalizing the court. Criminal contempt was noted but no proceedings were initiated.

Litigants filing PIL must disclose all material facts and approach the court with clean hands. Scandalizing the court through social media can constit...

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Supreme Court Dismisses Appeal Challenging Sanction and Cognizance in UAPA Case — No Infirmity Found in Sanction Order or Cognizance Order. Court upholds validity of suo-motu sanction under Section 45(2) of UAPA and cognizance order under Section 120B IPC read with UAPA and CLA Act.

The Supreme Court dismissed the appeal filed by Fuleshwar Gope challenging the judgment of the Jharkhand High Court which refused to quash the sanctio...

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Supreme Court Dismisses Accused's Challenge to Delay Condonation in Appeal Against Acquittal Under Customs Act. High Court's Authority to Condonate Delay Upheld as Section 5 of Limitation Act, 1963 Applies to Appeals Under Section 378 CrPC Unless Expressly Excluded.

The dispute arose from an appeal against acquittal filed by the Directorate of Revenue Intelligence under Section 378 of the Code of Criminal Procedur...

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Supreme Court Upholds Division Bench Judgment on Interpretation of Section 24 Proviso in Land Acquisition Act. The proviso to Section 24 of the 2013 Act governs Section 24(2), not Section 24(1)(b), as held in Delhi Metro Rail Corporation v. Tarun Pal Singh.

The Supreme Court dismissed the appeals challenging the Division Bench judgment in Delhi Metro Rail Corporation v. Tarun Pal Singh, which held that th...

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Bombay High Court Dismisses Appeal Against Revocation of Leave Under Clause XII of Letters Patent Act in Arbitration Petition. Court Holds That Cause of Action for Section 9 Petition Arises Where Arbitration Agreement Is Situated, Not Where Interim Relief Is Sought.

The appeal arose from a judgment of the learned Single Judge of the Bombay High Court, who allowed Chamber Summons No. 905 of 2013 filed by Respondent...