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Supreme Court Allows AERA's Appeal Against TDSAT Orders Under Section 31 of AERA Act — Tariff Determination Held to Be Regulatory, Not Adjudicatory, Function. Regulatory Authority Can Challenge Appellate Tribunal's Decisions on Questions of Law.

The Supreme Court of India addressed a preliminary objection regarding the maintainability of appeals filed by the Airports Economic Regulatory Author...

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Bombay High Court Dismisses Petition Challenging Labour Welfare Fund Cess as Unconstitutional. Levy under Maharashtra Labour Welfare Fund Act, 1953 held to be a fee for services rendered, not a tax, and validly imposed on establishments including those with contract labour.

The petitioner, Mohan Dhotre, a resident of Mumbai, filed a writ petition challenging the constitutional validity of the levy under the Maharashtra La...

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Bombay High Court Quashes Punitive Order Against Railway Contractors for Alleged Misuse of Parcel Vans. Lease Termination and Blacklisting Set Aside for Violation of Natural Justice and Lack of Evidence.

The petitioners, Yespal Keval Singh Chandi and M/s Sri Salasar Cargo Movers, were lessees of parcel vans from the Western Railway. Their lease contrac...

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Bombay High Court Dismisses Insurer's Appeal in Motor Accident Claim — Upholds Compensation for Death of Third Party. Insurer Liable Under Section 166 of Motor Vehicles Act, 1988 Despite Stationary Vehicle, as Negligence of Other Driver Proved.

The case arises from a motor accident claim filed by the sons of the deceased, Rukminibai Ramayya Kamtam, who died in a road accident on 16 April 2010...

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Supreme Court Allows Appeal Against NCLAT Order in Competition Law Case — Locus Standi of Informant Under Section 19(1)(a) of Competition Act, 2002. The Court held that the expression 'any person' in Section 19(1)(a) is wide and does not require the informant to be a consumer or competitor.

The appeal arose from an information filed by Samir Agrawal, an independent law practitioner, before the Competition Commission of India (CCI) on 13.0...

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Bombay High Court Allows Enhancement of Compensation in Motor Accident Claim — Deceased's Income Reassessed to Rs. 1500 per Month. Multiplier 13 and Deduction of 1/3rd for Personal Expenses Upheld, Resulting in Enhanced Award of Rs. 1,63,000.

The appellants, being the widow and children of deceased Hafizuddin, filed a claim petition under the Motor Vehicles Act, 1988, seeking compensation f...

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Bombay High Court Allows Appeal in Motor Accident Claim — Enhances Compensation for Death of Apprentice Steward. Future Prospects and Correct Multiplier Applied Under Motor Vehicles Act, 1988.

The appellant, Vincentina Paulina D'Souza, filed a claim petition before the Motor Accident Claims Tribunal (MACT) at Goa seeking compensation for the...

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Supreme Court Allows Appeal in Insurance Claim Case for Theft of Vehicle Purchased at Auction — Insurer Cannot Repudiate Claim on Ground of Lack of Insurable Interest When Premium Was Accepted and Policy Issued Reflecting Transferee's Name.

The appellant, M/s. Balwant Singh & Sons, purchased a vehicle at an auction conducted by ICICI Bank, the hypothecatee, after the original owner (third...

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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 ...