Search Results for "contingent interest"

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High Court of Karnataka Dismisses Appeals by NWKRTC in Motor Accident Claims, Upholds Tribunal Awards with Enhanced Compensation. Contributory Negligence of Bus Driver Established, Insurance Company Liable to Pay Compensation with Right to Recover from Owner.

The judgment involves multiple appeals filed by the North-West Karnataka Transport Corporation (NWKRTC) against the awards of the Motor Accidents Clai...

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Bombay High Court Dismisses Society's Section 9 Petition for Possession and Injunction Against Developer in Redevelopment Dispute. Court Holds That Disputed Questions of Title and Possession Cannot Be Decided in Summary Proceedings Under Section 9 of the Arbitration and Conciliation Act, 1996.

The judgment concerns two competing petitions under Section 9 of the Arbitration and Conciliation Act, 1996, filed by Rajawadi Arunodaya Co-operative ...

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Bombay High Court Allows Secured Creditor's Priority Over Sales Tax Dues in MVAT Act Attachment Dispute. State Bank of India's mortgage charge on borrower's property held superior to VAT recovery under Section 32 of MVAT Act, 2002, following Central Bank of India v. State of Kerala ratio.

The State Bank of India (SBI), a secured creditor, filed a writ petition under Article 226 of the Constitution challenging the attachment of a propert...

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Bombay High Court Dismisses Summary Suit for Recovery of Loan Due to Unenforceable Oral Agreement and Lack of Written Contract. Loan advanced for litigation funding held to be a contingent agreement not enforceable under Order 37 CPC as it lacked a written contract and was based on an oral understanding.

The plaintiff, Vishal Kedia, filed a commercial summary suit under Order 37 of the Code of Civil Procedure, 1908, against the defendant, Sureshkumar S...

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Bombay High Court Allows Writ Petition Seeking Payment of Enhanced Compensation Under Section 28A of Land Acquisition Act, 1894. Court Directs Payment Upon Furnishing Bank Guarantee Despite Pending Appeal by Acquiring Body.

The petitioners, owners of land acquired for the Neera Deoghar Project under the Land Acquisition Act, 1894, sought a writ of mandamus directing the S...

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Supreme Court Upholds Revenue in Estate Duty Act Case Regarding Passing of Interest in Trust Shares. Beneficial Interest in Shares Held to Pass on Death of Minor Beneficiary Before Attaining Entitlement Age Under Sections 5 and 2(15) of Estate Duty Act, 1953.

The matter arose from a reference under the Estate Duty Act, 1953, concerning the estate of a beneficiary who died a minor. A deed of trust had settle...