Search Results for "liability apportionment"

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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...
Bombay High Court at Goa Dismisses Review Petition in Partition Suit Impleadment...
Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witn...

Search Results for "liability apportionment"

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High Court

High Court of Karnataka Dismisses Insurance Company's Petition Challenging Tribunal's Refusal to Implead Additional Witnesses in Motor Accident Claim — No Jurisdictional Error Found in Tribunal's Discretionary Order. The Court held that the Tribunal's decision to reject impleadment of proposed respondents as unnecessary parties does not warrant interference under Article 227 of the Constitution of India.

22 Apr 2025

The judgment pertains to two writ petitions filed by the Manager of ICICI Lombard General Insurance Company Limited under Article 227 of the Constitut...

High Court

High Court Allows Writ Petitions Challenging Impleading Orders in Land Acquisition References — Reference Court Exceeded Jurisdiction by Allowing Impleading Under Order 1 Rule 10 CPC Without Adjudicating Title. The Court Held That the Land Acquisition Act is a Complete Code and Third Parties Must Establish Title Before a Civil Court.

20 Dec 2024

The High Court of Karnataka at Kalaburagi, presided over by Justice, delivered a common judgment on 20 December 2024 in three connected writ petitions...

Supreme Court

Supreme Court Validates Sub-Classification of Scheduled Castes in Landmark Judgment. Upholding Equality Within Equality: Supreme Court Endorses State's Power to Sub-Classify Scheduled Castes for Targeted Reservation.

1 Aug 2024

The Supreme Court of India, in a significant ruling, has upheld the constitutionality of sub-classifying Scheduled Castes for the purpose of reservati...

Supreme Court

Supreme Court Allows Appeal in National Highway Acquisition Compensation Case — District Magistrate Cannot Review SLAO Award Under Section 3G(5) of National Highways Act, 1956. The power under Section 3G(5) is limited to correction of errors apparent on record and cannot be used to re-determine compensation or review the award on merits.

1 Jan 2023

The appeal arose from a land acquisition proceeding under the National Highways Act, 1956 for widening National Highway No. 29 in District Mau, Uttar ...

High Court

Bombay High Court Allows Insurer's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence. Claimant's failure to prove income and contributory negligence of both drivers led to reduction of award from Rs. 3,00,000 to Rs. 1,50,000.

6 Dec 2019

The case involves an appeal by The Oriental Insurance Company Ltd. against the judgment and award dated 31.10.2017 passed by the Motor Accident Claims...

Supreme Court

Supreme Court Dismisses Transmission Company's Appeal on FERV Apportionment - No Substantial Question of Law. The Court held that Foreign Exchange Rate Variation (FERV) need not be apportioned between debt and equity under the Central Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2001, as no legal provision mandates such apportionment.

9 May 2019

The Supreme Court dismissed two civil appeals concerning the apportionment of Foreign Exchange Rate Variation (FERV) in tariff determination for trans...

High Court

Bombay High Court Allows Writ Petition Challenging Rejection of Compensation Claim by Co-owner Under National Highways Act, 1956 — Interpretation of Section 3-H(3) and (4) Clarified. The court held that when a dispute arises regarding apportionment of compensation among co-owners, the Land Acquisition Officer must refer the matter to arbitration under Section 3-H(4) of the National Highways Act, 1956, and cannot reject the claim on the ground of disputed title.

29 Jun 2017

The petitioner, Arun Trimbakrao Lokare, filed a writ petition under Article 226 of the Constitution of India challenging an order dated 05.01.2017 pas...

High Court

High Court of Karnataka Dismisses Writ Petition Seeking Compensation for Acquired Land Due to Alternative Remedy of Civil Suit. Disputed questions of fact regarding impersonation and fraud in drawal of compensation under Section 29(3) of Karnataka Industrial Areas Development Act, 1966 cannot be adjudicated in writ proceedings.

5 Feb 2014

The petitioner, Mrs. Mary John, claimed ownership of 4 acres of land in Sy.No.74/302 of Bandi Kodigenahalli Village, which was acquired under the Karn...

High Court

Bombay High Court Partly Allows Appeal in Motor Accident Claim — Modifies Apportionment of Compensation Between Widow, Children, and Parents. Widow and Minor Children Held Entitled to Larger Share Than Aged Parents Under Section 166 of Motor Vehicles Act, 1988.

1 Feb 2011

The case arises from a motor accident claim filed by the widow, minor children, and aged parents of the deceased Dinesh Waman Patil. The Motor Acciden...

High Court

High Court of Bombay at Goa Allows Appeals in Land Acquisition Compensation Dispute — Communidade of Colvale v. Benjamin Pereira & Anr. Tenancy Rights Not Established by Mere Revenue Entries or Rent Receipts; Deemed Purchase Under Goa Agricultural Tenancy Act Requires Proof of Actual Cultivation.

3 May 2005

The appellant, Communidade of Colvale, owned survey no. 220/1. Two notifications under Section 4(1) of the Land Acquisition Act, 1894, acquired 1,09,0...

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