Search Results for "negligence"

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High Court of Bombay Considers Anticipatory Bail in Building Collapse; Alleged Negligent Chipping of Columns Not Causa Causans According to Applicant. Licensee Seeks Pre-Arrest Bail, Contending No Gross Negligence and Exoneration by Municipal Committee Reports.

The matter involved an anticipatory bail application filed by Sundeep Bafna before the High Court of Bombay. The applicant had taken the underground a...

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High Court Dismisses Insurer's Appeal as Not Maintainable Due to Absence of Tribunal's Permission Under Section 170(b) of Motor Vehicles Act. Appeal Against Quantum of Compensation Fails as Insurer Did Not Obtain Leave to Contest Merits Beyond Statutory Defences.

The High Court of Judicature at Bombay, Bench at Aurangabad, dealt with an appeal filed by M/s Shriram General Insurance Company Limited against an aw...

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Supreme Court Allows Appeals by Bar Bodies and Advocate, Holding Advocates Not Liable Under Consumer Protection Act. Legal Profession is Sui Generis and Excluded from Definition of 'Service' Under Consumer Protection Act, 1986/2019.

The Supreme Court considered a batch of appeals arising from an order of the National Consumer Disputes Redressal Commission (NCDRC) which held that c...

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Supreme Court Allows Appeal of Sub-Inspector in Censure Penalty Case for Violation of Natural Justice. Censure Entry Set Aside as Imposed Without Show Cause Notice as Required Under Rule 14(2) of Uttar Pradesh Police Officers of the Subordinate Ranks (Punishment and Appeal) Rules, 1991.

The appellant, Sub Inspector Sanjay Kumar, while posted at Police Station Hanumanganj, District Khushinagar, Uttar Pradesh, was subjected to a penalty...

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Supreme Court Dismisses Appeal of Bus Owner in Motor Accident Claim — Owner Held Liable for Compensation Due to Invalid Permit and Route Violation. Concurrent findings of fact that vehicle was plied without valid permit and on unauthorized route upheld; no interference warranted.

The appeal arose from a motor accident claim where the deceased, a 24-year-old Managing Director of a company, died in a collision with a bus owned by...

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Supreme Court Quashes High Court's Order in Tax Assessment Writ Petition Due to Statutory Remedy Foreclosure. High Court Exceeded Jurisdiction by Entertaining Writ Petition After Statutory Appeal Was Dismissed as Time-Barred Under Section 31 of the Andhra Pradesh Value Added Tax Act, 2005.

The dispute arose from a tax assessment order dated 21.6.2017 passed by the Assistant Commissioner of Commercial Taxes against the respondent, a regis...

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Supreme Court Allows Appeal in Motor Accident Claim Under Section 163A, Corrects Multiplier Error. No Fault Liability Provision Does Not Require Proof of Negligence; Multiplier Must Be Based on Victim's Age.

The case arises from a motor accident claim filed by the mother of a 28-year-old deceased who was a pillion rider. The Motor Accident Claims Tribunal ...

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Supreme Court Allows Appeal in Motor Accident Claim Case Due to Liberal Interpretation of Delay Condonation Under Section 173 of Motor Vehicles Act, 1988. High Court Erred in Dismissing Delay Condonation Application for 45 Days Without Considering Beneficial Nature of Legislation.

The appeal arose from a motor accident claim where the deceased, aged 26, died in a collision with a negligently parked truck on 15.04.2011. The appel...