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Bombay High Court Allows Appeal and Enhances Compensation for Minor Injured in Motor Accident — Permanent Disability Assessed at 70% with Multiplier of 18. The court held that the Tribunal erred in assessing disability at 30% and applied correct multiplier and future prospects as per law.

The appellant, Ketaki Milind Kulkarni, a minor aged 8 years at the time of the accident, filed a claim petition under the Motor Vehicles Act, 1988, se...

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Bombay High Court Dismisses Developer's Interim Application in Development Agreement Dispute — Prima Facie Case Not Made Out as Agreement Was Terminated for Non-Performance. Specific Performance Claim Requires Trial; No Irreparable Loss Shown.

The Plaintiffs, Shantilal J. Shah and others, filed a suit seeking a declaration that a Development Agreement dated 25th September 2007 and an Irrevoc...

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Bombay High Court Allows Assessee in Income Tax Reference Under Section 256(1) of Income Tax Act, 1961 — Profits on Sale of Machinery Not Taxable Under Section 41(2) as Depreciation Was Claimed by Dissolved Firm, Not by Assessee.

The case involves a reference under Section 256(1) of the Income Tax Act, 1961 by the Income Tax Appellate Tribunal, Mumbai, for the opinion of the Bo...

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Bombay High Court Dismisses Suit as Barred by Limitation in Property Dispute Over Incomplete Building. Plaintiff's claim for declaration of ownership and injunction held time-barred under Article 58 of Limitation Act, 1963 as cause of action arose in 1969 when assignment deed was executed.

The plaintiff, M/s. Foreshore Co-operative Housing Society Ltd., filed a suit in 1999 seeking a declaration that it is the owner of the entire suit la...

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Bombay High Court Allows Second Appeal in Property Dispute, Restores Trial Court's Decree for Mandatory Injunction. Court holds that the First Appellate Court's finding on possession was perverse and that the suit for mandatory injunction was not barred by laches.

The case involves a second appeal filed by the legal heirs of the original plaintiff, Shri Gurudas Yeshwant Pednekar, against the judgment of the Firs...

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Bombay High Court Allows Revision Application Dismissed — Trial Court's Order Permitting Counter Claim for Rendition of Accounts Upheld. Counter claim arising from same transaction as plaintiff's suit for recovery of money is maintainable under Order 8 Rule 6A CPC even if filed after written statement.

The applicant, M/s Parakh Sales Corporation, filed a Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908, challenging an...

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Bombay High Court Upholds Acquittal of Accused in Cheque Dishonour Case Due to Lack of Proof of Debt. Security Cheque for Future Sponsorship Does Not Attract Section 138 of Negotiable Instruments Act, 1881.

The appellant, Smt. Ranju Batra, proprietor of M/s Admark Incorporated, filed two criminal appeals against the acquittal of respondent no. 1, Bhushan ...