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High Court of Bombay Allows Insurance Company's Appeal in Part, Enhances Compensation in Motor Accident Claim — Insurer Liable to Pay and Recover. Deceased aged 35, self-employed, entitled to 40% future prospects; loss of consortium enhanced to Rs.40,000 per claimant.

The case arises from a motor accident claim filed by the widow and children of Binod Pande, who died in a vehicular accident on 28th August 2012. The ...

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Bombay High Court Allows Amendment in Suit for Specific Performance After Trial Commenced — Amendment Sought After Cross-Examination of Plaintiff's Witness Held Not Barred by Proviso to Order VI Rule 17 CPC as Trial Had Not Concluded and Amendment Was Necessary for Determining Real Controversy

The petitioner, Walchandnagar Industries Limited, the original defendant No.1, challenged an order dated 28-11-2012 passed by the learned Civil Judge,...

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Bombay High Court Allows Writ Petitions Challenging Recovery Proceedings Under Maharashtra Co-operative Societies Act, 1961 — Petitioners Not Given Opportunity of Hearing Before Attachment of Property. Failure to Provide Notice Under Section 101 of the Act Renders Recovery Proceedings Void.

The petitioners, Sonia Bhalchandra Godase and others, filed two writ petitions before the Bombay High Court challenging the recovery proceedings initi...

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Bombay High Court Dismisses Airport Operator's Challenge to Customs Regulation Requiring Bill of Entry for Export Goods. Regulation 5(2) of Handling of Cargo in Customs Areas Regulations, 2009 Held Intra Vires Customs Act, 1962 and Constitutional.

The petitioner, M/s. Mumbai International Airport Private Ltd., filed two writ petitions challenging the validity of Regulation 5(2) of the Handling o...

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High Court Quashes Unilateral Conveyance Certificate Under MOFA Due to Lack of Notice and Jurisdiction -- Co-Owners' Rights Upheld in Property Dispute Involving Lease and Deed of Assignment

The Petitioner, filed a Writ Petition challenging an order by the Competent Authority under MOFA that allowed Priya Co-operative Housing Society Limit...

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Bombay High Court Dismisses Port Trust's Challenge to Arbitrator's Jurisdiction Ruling in Concession Agreement Dispute. Arbitration Clause Not Binding on Consortium Members as They Were Not Signatories to the Concession Agreement.

The petitioner, the Board of Trustees of the Jawaharlal Nehru Port Trust, a major port constituted under the Major Port Trusts Act, 1963, issued a glo...

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Supreme Court Disposes of Appeals by Authority for Advance Rulings Against High Court Judgment Quashing AAR's Rejection of Treaty Benefits. Questions Raised on Taxation of Capital Gains Under India-Mauritius DTAA and Scope of Section 245R(2) Proviso (iii) of Income Tax Act, 1961.

The disputes arose from applications for advance ruling filed by three Mauritius-incorporated companies—Tiger Global International II Holdings, Tige...

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Bombay High Court Reserves Judgment in PIL Challenging Redevelopment Permissions in Heritage Precinct. Residents Allege Violation of Development Control Regulations and Arbitrary Administrative Actions by Municipal Authorities and Developer.

The matter before the Bombay High Court was a Public Interest Litigation filed by four residents of Carmichael Road, Mumbai, including Normandie Coope...