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High Court of Gujarat Reduces Compensation in Motor Accident Claim Due to Contributory Negligence of Deceased Travelling in Goods Vehicle as Unauthorized Passenger. Insurance Company Not Liable for Breach of Policy Conditions Where Deceased Was a Gratuitous Passenger in a Goods Vehicle.

The case arises from a motor accident claim where the deceased, Daulatsinh Lalsinh Kaplethiya, died in a tempo accident on 20.10.2000. The claimants, ...

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Supreme Court: Promotional Trailers Do Not Create Contractual Obligations; No Deficiency in Service or Unfair Trade Practice. Creative Freedom in Art Protects Film Producers from Consumer Claims Regarding Missing Promotional Content.

The Supreme Court addressed whether a promotional trailer creates a contractual obligation or leads to an unfair trade practice under the Consumer Pro...

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High Court of Karnataka Allows Appeal in NI Act Case — Reverses Acquittal for Dishonour of Cheque. Complainant's Loan of Rs.2,50,000 for Education and Family Necessities Supported by Evidence; Presumption Under Section 139 of Negotiable Instruments Act, 1881 Not Rebutted by Accused.

The complainant, Smt H B Bhagyalakshmi, filed a criminal appeal under Section 378(4) of the Code of Criminal Procedure, 1973, against the judgment and...

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Supreme Court Dismisses Appeals Challenging Wakf Board Notification Including Service Inam Lands in Dargah Property. Errata Notification Adding Lands to Wakf Property Upheld as Valid Exercise of Power Under Wakf Act, 1995.

The Supreme Court dismissed a batch of civil appeals challenging an order of the Andhra Pradesh High Court that upheld an Errata Notification issued b...

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Bombay High Court Allows Writ Petition for Implementation of Pay Scales and Arrears for Employees of Private Polytechnic. State Obligated to Ensure Compliance with Government Resolutions for Aided Institutions.

The petitioners, employed as teaching and non-teaching staff of Satara Education Society, which runs Satara Polytechnic (Suman Dhekane Department of P...

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Bombay High Court Dismisses Educational Society's Challenge to Pay Back Wages Ordered by School Tribunal. Back Wages Liability Falls on Employer, Not State Government, Under Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977.

The petitioner, Rajapur Shikshan Prasarak Mandal Ratnagiri, a registered society running an educational institution, filed a writ petition challenging...

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Bombay High Court Allows Stay of Maintenance to Major Unmarried Daughter Under Hindu Marriage Act — Section 26 Does Not Cover Major Children. Maintenance of Rs.10,000 per month to major daughter set aside as Section 26 of Hindu Marriage Act, 1955 only applies to minor children.

The case involves a Civil Application filed by Rajendra Mahadeo Deokule (the applicant/original appellant) seeking stay of an order dated 16th July 20...

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Bombay High Court Upholds School Tribunal's Power to Direct Payment of Subsistence Allowance in Appeal Under MEPS Act, 1977. The Tribunal's interim direction to pay subsistence allowance during suspension period is within its ancillary powers under Section 9 of the Act.

The petitioners, Navodaya Shikshan Sanstha and its Principal, challenged an order of the School Tribunal dated 10.03.2014 directing them to pay subsis...

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Bombay High Court Allows Appeal in Motor Accident Claim — Enhances Compensation Due to Error in Dependency Calculation. Gross Salary Must Be Considered for Computing Loss of Dependency Under Motor Vehicles Act, 1988, Not Take-Home Salary.

This appeal arises from a judgment and award dated 4.8.2008 passed by the Motor Accident Claims Tribunal, Wardha, in M.A.C.P. No.35/2005, whereby the ...