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Supreme Court Dismisses Appeal by Insurance Company, Holds Mediclaim Amount Not Deductible from Motor Accident Compensation. Contractual Insurance Benefit Is Independent of Statutory Compensation Under Motor Vehicles Act, 1988, and Cannot Be Deducted to Avoid Double Recovery.

The Supreme Court in this appeal considered the question whether amounts received by a claimant under a Mediclaim policy are deductible from the compe...

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High Court of Karnataka Dismisses Writ Petition Challenging Refusal to Set Aside Ex-Parte Decree in Partition Suit — Petitioner Failed to Show Sufficient Cause for Non-Appearance Under Order IX Rule 13 CPC.

The petitioner, Krishnamurthy, filed a writ petition under Article 227 of the Constitution of India challenging the order dated 30.09.2015 passed by t...

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Gujarat High Court Dismisses Condonation of Delay Application in Land Acquisition Appeal Due to Unexplained Inordinate Delay of 3292 Days. Delay of over 9 years in challenging 2016 order held not liable to be condoned as applicants failed to provide sufficient cause.

The judgment pertains to two Civil Applications filed by the applicants seeking condonation of delay of 3292 days in preferring Letters Patent Appeals...

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Bombay High Court Dismisses Writ Petition Challenging Transfer Order of Income Tax Officer on Grounds of Daughter's Education and Medical Treatment. Transfer Order Upheld as No Mala Fides or Exceptional Circumstances Established.

The petitioner, Virendra Ojha, a Director of Income Tax (Investigation) in Mumbai, was transferred to Gorakhpur, Uttar Pradesh as Commissioner of Inco...

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Bombay High Court Quashes Enhanced Demand in Electricity Theft Case — Appellate Authority Cannot Enhance Contract Demand Without Cross-Objection. Maximum demand for electricity charges cannot be increased by appellate authority in absence of cross-objection by the board under the Electricity Act, 2003.

The petitioner, M/s Ravi Steel Industries, a partnership firm, challenged two appellate orders passed by the Appellate Authority (respondent No.2) und...

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Bombay High Court Allows Civil Revision Against Return of Plaint in Service Dispute — Jurisdiction Clause in Appointment Letter Held Binding. Exclusive Jurisdiction Clause in Appointment Letter Ousts Nagpur Court's Jurisdiction Under Section 9 CPC.

The applicants, HDFC Bank Ltd. and its officers, were the original defendants in a suit filed by the non-applicant, Archana Dongre, seeking a declarat...

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High Court of Karnataka Allows Appeal in Gratuity Payment Case — Transferor Not Liable for Post-Transfer Gratuity. Transfer of establishment under Section 2(s) of Payment of Gratuity Act, 1972 shifts gratuity liability to transferee for period after transfer.

The case involves a writ appeal filed by the President and Secretary of the Family Planning Association of India against an order of a Single Judge of...

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High Court of Bombay Decides Surviving Issue on Interpretation of Government Notification in Land Reservation Dispute. The Court Examines Whether Lessee Entitled to Non-Cash Compensation Under 2004 Notification for Release of Reserved Land for Development.

The writ petition was filed by Mafatlal Industries Limited and its officer seeking directions to enforce a Government Notification dated 10-02-2004 th...