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High Court Dismisses Claimants' Enhancement Appeal, Upholding Compensation Only for Accident Injuries as Death Due to Pre-Existing Kidney Disease. Dependents Not Entitled to Pain and Suffering; Loss of Earning and Medical Expenses Recategorized but Quantum Unchanged.

The case arose from a motor accident on 15.07.2018, when the deceased Jayaraman, while driving his two-wheeler with his wife as pillion, was struck by...

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Supreme Court Sets Aside Enhancement of Sentence in POCSO Case Due to Procedural Violation — High Court's Suo Motu Enhancement Without Notice Held Illegal. Enhancement of Sentence from 7 to 10 Years in Accused's Own Appeal Violates Section 386 Proviso CrPC and Principles of Natural Justice.

The appellant, Kumar Ghimirey, was convicted by the Special Judge (POCSO Act, 2012) under Section 9/10 of the Protection of Children from Sexual Offen...

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Bombay High Court Partly Allows MIDC Appeal and Dismisses Claimant's Cross Objection in Land Acquisition Compensation Case. Reference Court's enhancement of compensation from Rs.26,500 to Rs.1,25,000 per hectare upheld as based on evidence, but further enhancement claimed by claimant rejected.

The case pertains to acquisition of land admeasuring 2.75 HR from Survey No. 185 at Mouza Tadali, Chandrapur, for industrial purpose by the Maharashtr...

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Bombay High Court Holds Appellate Court Cannot Routinely Enhance Compensation Without Claimant's Appeal or Cross-Objections in Motor Accident Claims. Enhancement Permissible Only in Manifestly Unjust Awards Under Section 168 of Motor Vehicles Act, 1988.

The case arises from a First Appeal under the Motor Vehicles Act, 1988, filed by United India Insurance Co Ltd against an award of the Motor Accident ...

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Bombay High Court Dismisses Appeal by Acquiring Body in Land Acquisition Compensation Case — Enhances Compensation for Claimants. Market value of acquired land determined based on comparable sale instances and potential for development under Land Acquisition Act, 1894.

The appeal arises out of a judgment in Land Acquisition Reference No. 05/1999, where the learned Single Judge enhanced the compensation awarded by the...

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Supreme Court Allows Appeal for Enhanced Compensation in Land Acquisition Case Following Precedent in Krishan Kumar. The Court condoned 846-day delay and granted enhanced compensation in line with the lead judgment.

The appellant, Gopala Agri Farms Pvt. Ltd., owned land in Village Fazalwas, Tehsil Manesar, District Gurugram, Haryana, which was acquired by the Stat...

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Bombay High Court Dismisses State's Appeal in Land Acquisition Compensation Case — Enhancement Based on Comparable Judgment Upheld. Reference Court's reliance on earlier High Court judgment for similar land held valid under Land Acquisition Act, 1894.

The State of Maharashtra filed an appeal against the judgment and order dated 27.11.1995 passed by the Civil Judge (Sr.Dn.), Khamgaon in Land Acquisit...

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Bombay High Court Partly Allows Acquiring Body's Appeal in Land Acquisition Compensation Case Due to Lack of Evidence for Enhanced Market Value. Claimants Failed to Prove Market Value Through Comparable Sales or Reliable Expert Evidence, Resulting in Restoration of Original Compensation.

The appeal was filed by the Vidarbha Irrigation Development Corporation under Section 54 of the Land Acquisition Act, 1894, challenging the enhancemen...

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Bombay High Court Allows Appeal for Enhanced Compensation in Land Acquisition Case — Market Value Fixed at ₹90 per Square Metre. Comparable Sale Deed with Escalation and Deduction for Development Charges Applied Under Section 23 of Land Acquisition Act, 1894.

The case arises from an appeal by the original applicants (legal heirs of Pandu Y. Kubal) seeking enhancement of compensation for land acquired by the...