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Supreme Court Restores Compensation in Motor Accident Claim — Bus Driver's Negligence Established by Preponderance of Probabilities. Non-examination of Pillion Rider Not Fatal to Claim Under Motor Vehicles Act, 1988.

The case arises from a motor accident on 28 October 2011, when Sitaram, a senior government school teacher, was riding a motorcycle with a pillion rid...

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Supreme Court Dismisses Appeal of Distribution Licensee Against Tariff Revision for Change in Law Under Electricity Act, 2003. Non-Allocation of Coal Linkage Despite Government Assurance Constitutes Change in Law Entitling Generating Company to Compensatory Tariff.

The case involves a dispute between Jaipur Vidyut Vitran Nigam Limited (JVVNL), an electricity distribution licensee in Rajasthan, and Adani Power Raj...

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Supreme Court Allows Banks to Deny Legal Representation in Wilful Defaulter Proceedings. In-House Committees of Banks Are Not Tribunals Under Section 30 of Advocates Act, 1961, and Right to Lawyer Is Not Part of Natural Justice.

The Supreme Court considered appeals against the Delhi High Court judgment which held that a borrower is entitled to be represented by a lawyer before...

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Bombay High Court Allows Bank of Baroda's Petition to Quash Sales Tax Attachment Over Secured Assets, Holding SARFAESI Act Priority Over State Dues. Secured Creditor's Claim Under Section 26E of SARFAESI Act Overrides Crown Debt Under MVAT Act, Attachment Without Notice Invalid.

The Bank of Baroda, a secured creditor under the SARFAESI Act, had sanctioned credit facilities to M/s. Gajanan India Chemco between September 2009 an...

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High Court of Bombay at Goa Quashes Disqualification of Director in Co-operative Society for Violation of Natural Justice. Assistant Registrar's order set aside as petitioner was not given opportunity of hearing before disqualification under Section 27 of the Goa Co-operative Societies Act, 2001.

The petitioner, Mrs. Noella Fernandes, was a Director and Secretary of the Infinity Enclave Co-operative Housing Maintenance Society Ltd. (respondent ...

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Bombay High Court Dismisses Builder's Appeal in RERA Interest Case for Delayed Possession. Builder directed to pay interest at SBI MCLR plus 2% from 1 January 2018 till possession for delay in handing over flats in slum rehabilitation project.

The case involves a Second Appeal filed by Era Realtors Private Limited (Appellant) against the judgment of the Maharashtra Real Estate Appellate Trib...

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High Court of Bombay at Nagpur Quashes Rejection of Techno-Commercial Bid in Tender Matter — Petitioner's Bid Rejected Due to Encumbrance on Leased Land, Court Finds Rejection Arbitrary and Directs Reconsideration

The petitioner, Tara Chand Infralogistic Solutions Limited, challenged the rejection of its techno-commercial bid submitted in response to a Notice In...

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Bombay High Court Quashes Criminal Complaints for Dishonour of Cheques Due to Lack of Proper Service of Demand Notice Under Section 138 of Negotiable Instruments Act, 1881. Service of notice by speed post or courier must be proved by cogent evidence; mere dispatch is insufficient.

The Bombay High Court disposed of a batch of petitions and applications under Section 482 CrPC and Section 138 of the Negotiable Instruments Act, 1881...