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Bombay High Court Dismisses Petition Challenging Auction Sale of Property by EDC Limited. Held that the petitioner failed to establish any illegality or arbitrariness in the auction process and that the sale was validly conducted under the terms of the loan agreement.

The petitioner, Asiatic Holiday Resorts Pvt. Ltd., had taken a loan from respondent no. 2, Maharashtra State Financial Corporation, and had mortgaged ...

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Bombay High Court Upholds Insurance Company's Liability Despite Cheque Bounce in Motor Accident Claim — Insurer Liable to Third Parties Under Motor Vehicles Act, 1988. Contract of Insurance Not Void Ab Initio; Insurer Can Recover Premium from Insured.

The case arises from a motor accident claim where the deceased, Bhaskar Bramhane, a coolie, died while boarding a travel bus (No. MH27/A9240) at Bori ...

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High Court of Bombay Dismisses Insurance Company's Appeal in Motor Accident Claim — Compensation Awarded to Family of Deceased Engineering Student Upheld. Tribunal's Assessment of Notional Income at Rs. 3,000 per Month and Multiplier of 18 Found Just and Proper Under Motor Vehicles Act, 1988.

The present appeal was filed by the Oriental Insurance Co. Ltd. against the judgment and award dated 12/02/2007 passed by the Motor Accident Claims Tr...

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Bombay High Court Allows Appeal in Motor Accident Claim Case — Enhances Compensation for Death of a 19-Year-Old Student. Court holds that future prospects must be considered even for non-earning deceased, and multiplier should be based on age of deceased, not claimant.

The case arises from a motor accident claim petition filed by the appellants, who are the legal heirs of the deceased, a 19-year-old student named Pra...

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Bombay High Court Dismisses Insurance Company's Appeal Against Interim Compensation Under Section 140 of Motor Vehicles Act. No-Fault Liability Upheld Despite Alleged Contributory Negligence.

The New India Assurance Company Ltd. filed an appeal under Section 173 of the Motor Vehicles Act, 1988, challenging an order dated 24.4.2008 passed by...

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Bombay High Court Dismisses Appeal Against Committal of Insolvent to Civil Prison Under Section 34 of Presidency Towns Insolvency Act, 1909. Insolvent Removed Properties Without Leave of Official Assignee and Failed to Cooperate, Justifying Committal for Six Months.

The appeal arose from an order of the learned Single Judge directing the Appellant, Rajesh D. Vora, who was adjudged insolvent, to be committed to civ...

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Bombay High Court Quashes Externment Order in Bombay Police Act Case Due to Mechanical Appellate Review. Appellate Authority's Failure to Apply Independent Mind Violates Personal Liberty Under Section 60 of Bombay Police Act, 1951.

The petitioner, Shri Kishore Baliram Balu, challenged an appellate order passed under Section 60 of the Bombay Police Act, 1951, which confirmed his e...