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Bombay High Court Allows Insurance Appeal in Motor Accident Claim — Goods Vehicle Passengers Not Covered Under Policy. Deceased were unauthorized passengers in a goods vehicle, hence insurer not liable under Section 147 of Motor Vehicles Act, 1988.

The case involves two first appeals filed by the New India Assurance Company Ltd. challenging the judgments and awards dated 16-06-2010 passed by the ...

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Bombay High Court Dismisses Revision Against Order Holding Suit Maintainable Despite MRTP Act Bar. Civil Court Jurisdiction Not Ousted Under Section 149 of MRTP Act Where Dispute Involves Title and Possession, Not Just Planning Violations.

The case involves a civil revision application under Section 115 of the Code of Civil Procedure, 1908, challenging an order dated 22/3/2013 passed by ...

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Bombay High Court Dismisses Revision Against Rejection of Leave to Defend in Summary Suit for Recovery of Union Funds. Court holds that defendants failed to show a triable issue or bona fide defence under Order 37 CPC, as the suit was based on a settlement agreement and consent terms.

The present Civil Revision Application was filed by the applicants (original defendants) challenging the order dated 20th January 2015 passed by the l...

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Madras High Court Dismisses Appeal for Specific Performance, Upholds Counterclaim for Possession. Plaintiffs failed to prove readiness and willingness to perform sale agreement within reasonable time under Specific Relief Act, 1963.

The appellants, B.Kannan and K.Tamijarassy, were the plaintiffs in a suit for specific performance of an agreement of sale dated 12.07.2006, filed aga...

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High Court of Karnataka Considers Commercial Appeal Against Trial Court's Refusal to Grant Interim Injunctions in Trademark Infringement Suit. The Court Addresses Preliminary Objection Regarding Maintainability of the Suit and Appeal Without Board Resolution.

The dispute traces back to a family-run jewellery business started in 1869 by C.Krishnaiah Chetty at No.35, Commercial Street, Bangalore. Over generat...

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Supreme Court Acquits Accused in Kerala Forest Act Case Due to Lack of Evidence and Statutory Interpretation. Sandalwood Oil Not Classified as Forest Produce Under Section 2(f), and Prosecution Failed to Prove Illicit Removal from Reserve Forest as Required Under Section 27(1)(d).

The appeal arose from a criminal conviction under the Kerala Forest Act, 1961, involving the appellant, a partner in a firm manufacturing and trading ...

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Supreme Court Allows Direct Recruit District Judge's Claim for Seniority Over Promotees in Kerala Higher Judicial Service. Notional Seniority Granted from Date of Initial Appointment of Other Direct Recruits in Same Selection.

The case involves a dispute over seniority between direct recruit District Judges and promotees appointed by transfer in the Kerala Higher Judicial Se...

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Bombay High Court Quashes Premature Transfer of Deputy Engineer in Maharashtra Jeevan Pradhikaran — Transfer Order Issued Within Three-Year Deputation Period Without Justification Violates Service Conditions. Deputation Period Cannot Be Curtailed Arbitrarily; Transfer Order Dated 15.6.2009 Set Aside.

The petitioner, Kishor s/o Mallayya Sandry, was working as Deputy Engineer at Maharashtra Jeevan Pradhikaran Division, Aurangabad (respondent no.2). B...

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Supreme Court Allows Appointment of Arbitrator in Government Contract Dispute Despite Non-Exhaustion of Pre-Arbitration Procedure. Party Autonomy and Minimal Judicial Intervention Upheld Under Section 11 of the Arbitration and Conciliation Act, 1996.

The appellant, Hindustan Construction Company Ltd., was awarded a contract by the respondent, Bihar Rajya Pul Nirman Nigam Ltd. (BRPNNL), on 04.03.201...