Search Results for "negligence"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Acquits Accused in Murder Case Due to Incredible Dying Declaration...
Supreme Court Quashes Criminal Proceedings Under Section 182 IPC for Lack of Val...

Search Results for "negligence"

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High Court

Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection Application in Medical Negligence Suit — Order 7 Rule 11 CPC Application Not Maintainable as Plaint Discloses Cause of Action. The court held that dismissal of criminal case does not operate as res judicata in civil suit and limitation is a mixed question of fact and law not to be decided summarily.

4 Sep 2012

The judgment arises from two Civil Revision Applications filed by Dr. M. N. Pal, the former Dean of Goa Medical College, challenging an order dated 03...

High Court

Bombay High Court Dismisses Railway's Appeal Against Award for Damaged Consignment Due to Fire — Railway Failed to Prove Absence of Negligence Under Section 73 of Indian Railways Act, 1989. The consignment of stable bleaching powder was delivered after 8 months in damaged condition; the Railway's defence of fire due to chemical reaction was not substantiated by evidence.

12 Sep 2012

The appeal arose from an order of the Railway Claims Tribunal, Nagpur Bench, dated 17.10.1996, directing the appellant, Union of India representing th...

High Court

Bombay High Court Quashes FIR Against Doctor in Medical Negligence Case Under Section 304A IPC. Lack of Evidence of Gross Negligence or Mens Rea Leads to Quashing of Criminal Proceedings.

19 Dec 2012

The applicant, Dr. Sheshrao Shinde, a medical practitioner, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973, se...

High Court

High Court of Bombay at Goa Partially Allows Contractor's Appeal in Contract Dispute Over Interest and Escalation Claims. Court holds that interest under Section 34 CPC is discretionary and that escalation claims not pleaded cannot be awarded.

8 Feb 2019

The dispute arose out of a contract for improvement of riding quality of NH-4A in Goa awarded by the State of Goa to P.B. Ibrahim, a Class I PWD Contr...

High Court

High Court of Bombay at Goa Reduces Interest Rate from 12% to 9% in Contractor's Recovery Suit Against State. The court held that interest under Section 34 CPC must be reasonable and not excessive, reducing the rate to 9% per annum.

8 Feb 2019

The dispute arose out of a contract awarded by the State of Goa to P.B. Ibrahim, a Class I PWD Contractor, for improvement of riding quality of NH-4A ...

High Court

High Court of Bombay Upholds Compensation Award in Motor Accident Claim — Negligence of Driver Proved, Insurance Company Liable to Pay. Deceased was a 42-year-old businessman earning Rs. 15,000 per month; Tribunal's assessment of income and multiplier upheld.

16 Apr 2019

The appeal was filed by The New India Assurance Co. Ltd. against the judgment and award of the Motor Accident Claims Tribunal, Bhoom, in M.A.C.P. No.7...

High Court

Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence of Deceased. Deceased motorcyclist found 50% negligent for not wearing helmet and causing accident with truck, reducing insurer's liability under Motor Vehicles Act, 1988.

15 Apr 2019

This appeal arises from a motor accident claim where the deceased, Sanjay Patil, died in a collision between his motorcycle and a truck. The claimants...

High Court

Bombay High Court Allows Appeal in Motor Accident Claim Case Due to Absence of Contributory Negligence and Enhances Compensation. Claimants awarded increased compensation under Section 166 of Motor Vehicles Act, 1988 for death of deceased in truck accident, with multiplier of 16 and future prospects.

26 Jun 2019

The appeal was filed by the original claimants, being the wife, minor daughter, and parents of the deceased Deepak Patil, who died in a motor vehicle ...

High Court

Bombay High Court Quashes Disciplinary Proceedings Against Retired Judicial Officer Initiated After Acceptance of Voluntary Retirement. Disciplinary proceedings initiated after acceptance of voluntary retirement are without jurisdiction as the employer-employee relationship ceases upon retirement.

14 Jun 2019

The petitioner, a retired District Judge, challenged the initiation and continuation of disciplinary proceedings against her after her request for vol...

High Court

Bombay High Court Allows Insurance Company's Appeal Against Interim Compensation Award Under Section 140 of Motor Vehicles Act, 1988 — No Fault Liability Cannot Be Determined Without Prima Facie Evidence of Accident Involvement. The Court held that the Tribunal must record satisfaction about the involvement of the insured vehicle before granting interim compensation under Section 140 of the Motor Vehicles Act, 1988.

4 Jul 2019

The present appeal was filed by Bajaj Allianz General Insurance Co. Ltd. (the original respondent No.2) challenging the order dated 16.10.2010 passed ...

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