Search Results for "consequential loss"

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Search Results for "consequential loss"

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High Court

Gujarat High Court Enhances Compensation for Injured Pedestrian in Motor Accident Case, Reduces Contributory Negligence from 50% to 25%. The court held that the driver of the truck was primarily negligent and the claimant's 70% permanent partial disability warranted full loss of future prospects under Section 166 of the Motor Vehicles Act, 1988.

27 Mar 2026

The case arises from a motor accident claim where the original claimant, Prabodhakumar Behera, a pedestrian, was hit by a truck on 22.12.1996, resulti...

High Court

Madras High Court Allows Assessee's Appeal in MAT Computation Case — Capital Gain on Sale of Fixed Assets Cannot Be Added to Book Profit Under Section 115JB When Not Credited to Profit and Loss Account. The Court held that the Assessing Officer cannot rework book profit under Section 115JB by including capital gains directly absorbed in the balance sheet, as the computation under Section 115JB must be based on the profit as shown in the profit and loss account prepared in accordance with the Companies Act.

20 Mar 2026

The appellant, M/s PVP Corporate Parks Pvt. Ltd., a private limited company engaged in leasing and renting of amenities and buildings, filed its incom...

Supreme Court

Supreme Court Allows Appeal in Motor Accident Claim Case Regarding Compensation Assessment - High Court's Reduction of Compensation Set Aside Due to Improper Assessment of Functional Disability Impact on Earning Capacity Under Motor Vehicles Act, 1988.

18 Mar 2026

The appeal arose from a motor accident claim where the appellant-claimant sought enhancement of compensation awarded for injuries sustained in a road ...

High Court

High Court of Gujarat Allows Appeal of Injured Minor Pillion Rider in Motor Accident Case — Negligence Apportionment Set Aside and Compensation Enhanced. The Court held that a pillion rider cannot be held guilty of contributory negligence in a case of composite negligence under the Motor Vehicles Act, 1988, and enhanced compensation from Rs. 1,80,000/- to Rs. 3,50,000/-.

17 Feb 2026

The case involves a minor pillion rider, Divya Kantibhai Vankar, who sustained grievous injuries in a motor accident on 09.02.2015 when a Mahindra Pic...

Supreme Court

Supreme Court Allows Bank's Appeal in SARFAESI Act Auction Forfeiture Case — Earnest Money Deposit Forfeiture Upheld as Compensation for Breach of Contract. The Court held that forfeiture of earnest money deposit by a secured creditor under the SARFAESI Act is not subject to proof of actual loss and is governed by the terms of the auction contract, not Sections 73 and 74 of the Indian Contract Act, 1872.

10 Aug 2022

The case involves two appeals by a nationalized bank (appellant) against a common judgment of the Madras High Court, which had allowed the writ petiti...

Supreme Court

Supreme Court Allows State's Appeal in Excise Duty Case — Licensee Liable for Duty on Liquor Destroyed in Fire. Absolute liability under Rule 7(11)(a) of UP Bottling of Foreign Liquor Rules, 1969 and Rules 708/709 of UP Excise Manual; act of God no defense.

6 Jan 2022

The case arises from a fire incident on 10.04.2003 at the godown of the respondent company, a distillery licensee, which destroyed 35,642 cases of Ind...

Supreme Court

Supreme Court Enhances Compensation for 100% Disabled Child in Motor Accident Case — Just Compensation Must Include Adequate Attendant Charges, Pain and Suffering, and Loss of Marriage Prospects. The Court held that for a child with 100% permanent disability, compensation under various heads must be realistic and substantial, not token.

31 Jan 2020

The case involves a claim for compensation by Kajal, a young girl who suffered catastrophic injuries in a motor accident on 18th October 2007. While t...

High Court

Bombay High Court Allows Appeal in Wrongful Arrest of Vessel Case — Duty to Mitigate Under Section 73 Contract Act Does Not Apply to Undertaking Under Rule 941 of Bombay High Court (Original Side) Rules, 1980. The court held that the undertaking under Rule 941 is a contractual obligation independent of the duty to mitigate damages, and the plaintiff must pay damages as per the undertaking without reduction for failure to mitigate.

5 Nov 2014

The case involves an appeal by Rainbow Ace Shipping S.A., the owner of the vessel MV Rainbow Ace, against an order of the learned single Judge of the ...

High Court

Bombay High Court Allows ONGC's Appeal and Dismisses Soconord's Appeal in Arbitration Dispute Over Oil Well Casing Pipes — Umpire's Award Upheld as Not Liable to Be Set Aside Under Section 30 of Arbitration Act, 1940. Court Held That the Learned Single Judge Erred in Setting Aside the Award on Grounds of Non-Consideration of Certain Aspects, as the Umpire Had Considered All Relevant Material and the Award Was Not Vitiated by Any Error of Law Apparent on the Face of the Record.

24 Jul 2014

The case involves cross-appeals arising from an arbitration dispute between Oil & Natural Gas Corporation Limited (ONGC) and M/s. Soconord OCTG, SA (S...

High Court

Bombay High Court Dismisses Appeal in Insurance Claim Dispute — Lockout Not Covered Under Riot and Strike Policy. Consequential loss claim fails as lockout is not a peril insured under the fire and riot/strike extension policies.

30 Aug 2010

The appellant, M/s. Century Textiles & Industries Ltd., a public limited company, filed a suit against four insurance companies (Oriental Fire & Gener...

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