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Bombay High Court Dismisses Appeals in Specific Performance Suit, Upholds Alternative Decree for Damages. Plaintiff's claim for specific performance of flat agreement dismissed due to subsequent sale to bona fide purchaser; alternative decree for damages against original vendor confirmed.

The judgment arises from two appeals against a common decree dated 14.1.2010 passed by the Bombay High Court in Suit No.1642 of 1984. The original pla...

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Supreme Court Allows Appeal in Motor Accident Claim Case Due to Erroneous Application of Burden of Proof Under Section 163A MV Act. Claimant's Failure to Prove Negligence Not a Ground for Dismissal Under No-Fault Liability Scheme.

The present appeal arises from a judgment of the Calcutta High Court dated 27.09.2022, which affirmed the dismissal of a claim petition filed by the o...

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High Court of Karnataka Enhances Compensation for Workman in Tractor Accident Case — Loss of Earning Capacity Reassessed at 100% Under Employee's Compensation Act, 1923. Amputation of leg and fracture rendered driver permanently totally disabled, warranting full compensation.

The appellant, Shrishail Mallappa Ganiger, was employed as a driver of a tractor owned by respondent No.1, Girish Subhash Dhavaleshwar, and insured wi...

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Gujarat High Court Allows Petition for Lump-Sum Compensation in Lieu of Compassionate Appointment Due to Policy Change. Petitioner's Application for Compassionate Appointment Kept Pending for Years; Court Directs Payment Under Revised Government Resolution with Interest.

The petitioner, Jay Rajendrakumar Trivedi, filed a writ petition under Articles 14, 16, and 226 of the Constitution of India seeking a direction for c...

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Gujarat High Court Allows Widow's Petition for Lump Sum Compensation in Lieu of Compassionate Appointment Due to Lack of Educational Qualification. Court Directs Payment of Rs. 3,00,000/- Under Government Resolution Dated 05.07.2011 for Death in Harness of Government Servant.

The petitioner, Gitaben Jagdishbhai Vaghela, filed a writ petition under Article 226 of the Constitution of India seeking a direction to the responden...

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High Court of Bombay at Goa Allows Insurance Company's Appeal in Motor Accident Claim Due to Lack of Evidence of Negligence and Wrong Multiplier Application. The court held that the claimant failed to prove rashness and negligence, and the multiplier should be based on the father's age, not the deceased's.

The case involves an appeal by National Insurance Co. Ltd against a judgment and award dated 07.07.2015 passed by the Motor Accident Claims Tribunal i...

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High Court of Bombay at Goa Dismisses Appeal Against Refusal to Initiate Criminal Complaint for Alleged Offences Under IPC. Court holds that mere filing of civil suit and criminal complaint does not warrant initiation of proceedings under Section 340 CrPC without prima facie satisfaction of offence.

The appellant, Arun Kumar Sharma, filed a criminal appeal under Section 341 of the Code of Criminal Procedure, 1973, challenging the judgment and orde...