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Bombay High Court Allows Appeal in Railway Accident Claim Case — Sets Aside Tribunal's Dismissal for Non-Prosecution. Held that the Tribunal erred in dismissing the claim application for default without considering the merits, and the matter must be restored for fresh adjudication.

The appellant, Mohd. Saber s/o Mohd. Illyas, filed a claim application before the Railway Claims Tribunal, Nagpur Bench, seeking compensation for inju...

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Gujarat High Court Allows Appeal in Motor Accident Claim Case — Interest Awarded for Interregnum Period Despite Dismissal for Non-Prosecution. Claimants entitled to interest at 7.5% per annum from date of filing till restoration as no fault attributable to them.

The present appeal arises from a judgment and award dated 18.08.2006 passed by the Motor Accident Claims Tribunal (Auxiliary), Nadiad in MACP No.186/1...

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High Court Allows Appeal in Arbitration Case, Restoring Arbitral Award Set Aside by Single Judge. Limited Judicial Review Under Section 34 of Arbitration and Conciliation Act, 1996 Precludes Re-appreciation of Evidence Unless Award Shocks Conscience or Conflicts with Public Policy.

The dispute arose between Appellant, a foreign company manufacturing biscuits in Zimbabwe, and Respondent, an Indian partnership firm, regarding the s...

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Bombay High Court Dismisses Section 34 Petitions Against Partial Arbitral Awards in Koyna Hydro Electric Project Sub-Contract Dispute. Challenge to awards failing on grounds of settlement and coercion under Arbitration and Conciliation Act, 1996.

The judgment concerns two arbitration petitions filed under Section 34 of the Arbitration and Conciliation Act, 1996 by Patel Engineering Co. Ltd. (th...

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Bombay High Court Dismisses Petition to Set Aside Arbitral Award in Specific Performance Dispute. Court upholds award rejecting claim for specific performance of agreement to sell immovable property, finding no grounds under Section 34 of Arbitration and Conciliation Act, 1996.

The petitioner, Rajesh V. Choudhary, filed Arbitration Petition No.734 of 2010 under Section 34 of the Arbitration and Conciliation Act, 1996, seeking...

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High Court of Karnataka Dismisses Appeal by NEKRTC in Motor Accident Claim — Compensation of Rs. 10,65,400 Upheld. Claimant Injured in Collision with Bus; Tribunal's Award Based on Proper Assessment of Injuries and Loss of Earning Capacity.

The case involves an appeal filed by the Managing Director of NEKRTC under Section 173(1) of the Motor Vehicles Act, 1988, challenging the judgment an...