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Bombay High Court Holds That Motor Vehicle Under Repair at Garage is 'Use' for Purposes of Compensation Liability Under Motor Vehicles Act. Court Clarifies That Vehicles Stationed for Repair Fall Within Section 147 Liability, Rejecting Insurer's Narrow Interpretation of 'Use'.

The appeal arose from an order of the Motor Accident Claims Tribunal, Mumbai, awarding compensation of Rs. 8,26,000 with interest to the dependents of...

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Bombay High Court Upholds Eviction of Tenant for Unauthorised Permanent Construction Under Maharashtra Rent Control Act. Tenant's temporary structure argument rejected as Appellate Court found MS angles, asbestos sheets, and polythene roof constituted permanent construction causing danger to building.

The case involves a dispute between the respondent-landlord, Kadambagiri Estates Pvt. Ltd., and the petitioner-tenant, Mrs. Binaifer Batiwala, over ev...

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High Court of Karnataka Dismisses Appeals by NWKRTC in Motor Accident Claims, Upholds Tribunal Awards with Enhanced Compensation. Contributory Negligence of Bus Driver Established, Insurance Company Liable to Pay Compensation with Right to Recover from Owner.

The judgment involves multiple appeals filed by the North-West Karnataka Transport Corporation (NWKRTC) against the awards of the Motor Accidents Clai...

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High Court of Karnataka Rehears Criminal Appeals Against Conviction for Murder and Robbery After Remand by Supreme Court. Conviction Based on Circumstantial Evidence and Recoveries Challenged Under Section 374(2) of Code of Criminal Procedure, 1973.

The matter originated from the murder of Smt. Chukibai, a 68-year-old pawnbroker residing alone at Chamarajpet, Bengaluru. On 12.05.1991, accused No.1...

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Bombay High Court Allows Appeal in Lease Dispute Over Temporary Injunction — Prima Facie Case and Irreparable Injury Established. Lease Deed from 1974 Not Terminated, Appellant's Possession and Business Operations Protected.

The appellant, Shri Rajaram M. Caisukar, filed an appeal against an order dated 24/11/2015 passed by the learned Adhoc District Judge, Panaji, dismiss...

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High Court of Karnataka Allows Owner's Appeal in Motor Accident Case — Insurer Liable Despite Alleged Breach of Policy Conditions. Owner Not Guilty of Willful Violation as Vehicle Was Driven by Authorized Driver with Valid License at Time of Accident.

The appellant, S.N. Kenchanna, owner of a bus bearing registration No.KA-06-B-9069, filed an appeal under Section 173(1) of the Motor Vehicles Act, 19...

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Bombay High Court Dismisses Revenue Appeals in Service Tax on Maintenance Charges — Management, Maintenance or Repair Service Not Attracted. Amounts collected as maintenance charges for upkeep of apartment premises are not subject to service tax under the Finance Act, 1994.

The judgment involves three appeals filed by the Commissioner of Service Tax/Central Excise against orders of the Customs, Excise & Service Tax Appell...

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Bombay High Court Dismisses Second Appeal in Partition Suit — Affirms Joint Family Business Finding. Non-inclusion of all joint family properties does not bar partition when plaintiff seeks only specific property.

The case involves a partition suit filed by Vitthalrao Marotirao Navkhare (original plaintiff) against his brother Laxmanrao's family (appellants) and...