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High Court of Bombay at Goa Allows Appeal in Motor Accident Claim — Sets Aside MACT Dismissal for Failure to Prove Negligence. Claimant's evidence of rash driving by respondent motorcyclist found sufficient to establish negligence under Section 166 of Motor Vehicles Act, 1988.

The appellant, Mr. Sameer S. Desai, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, before the Motor Accidents Claims Tribun...

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Bombay High Court Quashes Criminal Case Against Secretary in Food Safety Violation — No Vicarious Liability Without Specific Role. Secretary Not Present at Sampling, Complaint Lacks Averment of Responsibility Under Section 59 of Food Safety and Standards Act, 2006.

The applicant, Hemant Sukaji Funde, was the Secretary of Gurukrupa Adiwasi Prathmik and Madhyamik Ashramshala, Thana, Amgaon, Gondia. He was arraigned...

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Supreme Court Dismisses Appeal in Specific Performance Case — Agreement to Sell Not Proved as Genuine Due to Discrepancies in Evidence. Plaintiff Failed to Prove Execution of Agreement and Readiness and Willingness Under Section 16(c) of Specific Relief Act, 1963.

The appellant, Jaspal Singh, entered into an Agreement to Sell dated 22.06.2003 with the respondent, Ashwani Kumar, for purchase of 12 marlas of land ...

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High Court of Karnataka Allows Appeal in Recovery Suit — Loan Repayment Claim Upheld Despite Lack of Written Agreement. Preponderance of Probabilities Favored Plaintiff as Defendant Admitted Receipt of Money but Failed to Prove Alternative Purpose.

The appellant, Mr. Manjunath S., filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908, against the judgment and decree d...

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High Court of Karnataka Dismisses Regular Second Appeal in Adverse Possession Suit — Concurrent Findings of Fact Not Interfered With. Appellant failed to prove adverse possession for over 12 years as required under Section 65 of the Indian Limitation Act, 1963.

The appellant, Virupakshappa, filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, challenging the judgment and decre...

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Supreme Court Clarifies Tests for Determining Public Character of Temples in Dispute Over Temple Ownership. Factors Include Public Worship Rights, Contributions, and Management Consciousness; Architectural Appearance Not Decisive.

The Supreme Court, in this appeal arising from a Bombay High Court decree, examined the criteria for distinguishing a public temple from a private one...

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Supreme Court Adjudicates Appeal by Subsequent Purchasers Against Decree of Specific Performance of Agreement to Sell. High Court's Ruling That Original Vendees Were Entitled to Specific Performance Despite Contract Termination and Subsequent Sale Is Under Review.

These appeals before the Supreme Court arose from a common judgment of the High Court of Karnataka which allowed two appeals filed by the original ven...