Search Results for "fair and equitable enhancement"

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Supreme Court Enhances Compensation for Heirs of Deceased in Motor Accident Claim, Clarifies 'Just Compensation' Principles Under Motor Vehicles Act, 1988

The Supreme Court heard an appeal by claimants dissatisfied with the compensation awarded by the High Court in a motor accident claim case. The victim...

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Supreme Court Allows Appeal in NHAI Contract Dispute — BOQ Rate Applies to Increased Quantity Without Design Change. Variation Clause 52.2 Not Attracted Where Quantity Increase Due to Employer's Erroneous Estimate, Not Engineer's Instruction or Design Change.

The dispute arose out of a contract awarded by the National Highways Authority of India (NHAI) to Somdatt Builders-NCC-NEC(JV) for four-laning of a hi...

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High Court of Bombay Enhances Compensation for 100% Disabled Claimant in Motor Accident Case — Traumatic Paraplegia Victim Awarded Enhanced Compensation with Interest. Claimant's permanent disablement due to road accident led to enhancement of compensation under Section 166 of Motor Vehicles Act, 1988.

The judgment arises from two appeals against the award of the Motor Accident Claims Tribunal, Mumbai, in Claim Application No.164 of 2005. The claiman...

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Supreme Court Dismisses Contempt Petition for Alleged Wilful Disobedience of Order to Vacate Premises — Failure to File Undertaking and Pay Dues Not Contempt as Substantive Compliance Achieved.

The contempt petition was filed by Hukum Chand Deswal (petitioner) against Satish Raj Deswal (respondent) alleging wilful disobedience of the Supreme ...

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Bombay High Court Dismisses Acquiring Body's Appeal in Land Acquisition Compensation Enhancement. Compensation for playground land enhanced from Rs.30 to Rs.102 per sqm based on comparable sales and location advantages under Land Acquisition Act, 1894.

The appellant, Village Panchayat of Collem, challenged the judgment and award dated 13.01.2010 passed by the Reference Court in Land Acquisition Case ...

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Bombay High Court Dismisses Petition Challenging Slum Land Acquisition Despite Interim Stay on Declaration. Acquisition Under Section 14 of Maharashtra Slum Areas Act Held Independent of Declaration Under Section 4, Not Barred by Interim Order.

The petitioners, Murlidhar Teckchand Gandhi and others, challenged the acquisition of their property bearing CTS No. 165, 165/1 to 51 at Village Kanju...

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Bombay High Court Upholds Constitutional Validity of Sections 14 and 17 of Maharashtra Slum Act in Land Acquisition Challenge. Challenge to Acquisition Under Section 14 and Award Under Section 17 Rejected as Provisions Held Intra Vires Constitution.

The petitioners, Nenshi Monji (Bombay), a Family Trust and Others, filed a writ petition under Article 226 of the Constitution challenging the acquisi...

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Bombay High Court Partially Sets Aside Arbitration Award Against Guarantors in Cooperative Bank Dispute — Guarantors Not Liable for Enhanced Credit Facility Without Their Consent. Guarantor Liability Cannot Be Extended Beyond Original Guarantee Under Section 34 of Arbitration and Conciliation Act, 1996.

The judgment concerns two arbitration petitions filed under Section 34 of the Arbitration and Conciliation Act, 1996, challenging a common undated arb...