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Bombay High Court Dismisses Writ Petition Challenging Arbitral Tribunal's Jurisdictional Order as Not Maintainable. Remedy Lies Under Section 34 of Arbitration and Conciliation Act, 1996 After Final Award.

The petitioner, Tirupati Shopping Centre Premises Co-op. Society Limited, filed a writ petition under Articles 226 and 227 of the Constitution of Indi...

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Bombay High Court Examines Challenge to Waqf Tribunal's Interim Order in Property Dispute. The Revision Application Raised Jurisdictional Question Regarding the Competence of a Single-Member Tribunal After the 2013 Amendment to the Waqf Act, Without a Transitory Provision.

The case arose from a civil revision under Section 83(9) of the Waqf Act, 1995, filed by the original defendants (Magnum Developers and others) challe...

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High Court of Gujarat Dismisses/Allows Appeal in Motor Accident Claim—Decision Not Captured. Composite Negligence and Quantum of Compensation Under Section 166 of the Motor Vehicles Act, 1988 Were the Key Issues.

The matter involves an appeal and cross-objections arising from the judgment and award dated 14th August 2020 passed by the Motor Accident Claim Tribu...

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Supreme Court Allows Claimant in Motor Vehicle Accident Case on Territorial Jurisdiction Grounds. Territorial Jurisdiction Objection Overruled as Procedural Under Section 166 of Motor Vehicles Act, 1988, Following Precedent in Malati Sardar v. National Insurance Company Ltd.

The appeal arose from a motor vehicle accident where the appellant's son died after being hit by a tractor driven recklessly by the first respondent. ...

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Bombay High Court Allows Appeal in Motor Accident Claim — Failure to Implead Legal Heirs of Deceased Owner Not Fatal. Tribunal Erred in Dismissing Claim Petition Without Considering Application for Substitution Filed Before Signing of Judgment.

The appellants, legal heirs of deceased Bajirao Laxman Thorat, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 before the Mot...

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Gujarat High Court Reduces Contributory Negligence from 20% to 10% in Motor Accident Claim — Appellant Motorcyclist Injured in Head-On Collision with Jeep. Court Held That Absence of Evidence of Negligence on Part of Claimant Warrants Reduction of Contributory Negligence and Enhancement of Compensation.

The appellant, Lahernath Raghunath Gauswami, was the original claimant in a motor accident claim petition. On 02.03.2006, while returning to his villa...

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High Court Dismisses Municipal Corporation's Challenge to Arbitral Award Setting Aside Penalties, Termination, and Blacklisting in Sewerage Treatment Plant Contract Dispute

The High Court of Bombay heard cross-petitions challenging an arbitral award dated 18 June 2020 in a dispute between Solapur Municipal Corporation and...