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Contract Law – Unilateral Mistake – Encashment of Bank Guarantee – Proportionality – Judicial Review – Equity – Relief Granted

The Supreme Court found the Appellant’s error to be apparent and self-evident, warranting equitable relief. (Para 16) BRO’s refusal to acknowledg...

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High Court of Bombay at Aurangabad Allows Correction of Clerical Error in MACT Judgment — Mistake in Identifying Driver as Owner of Vehicle. Section 166 Motor Vehicles Act, 1988 — Tribunal's refusal to correct error set aside; liability shifted to insurance company.

The petitioners, original respondent Nos. 1 and 2 in a Motor Accident Claim Petition, challenged an order of the Motor Accident Claims Tribunal dated ...

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Bombay High Court Allows Petition of Retired Teacher Against Recovery of Excess Salary Paid Mistakenly During Service. Recovery of Mistaken Payment After Retirement Held Illegal Following Supreme Court Precedent in State of Punjab v. Rafiq Masih.

The petitioner, Lata Gajanan Wankhede, a retired Assistant Teacher employed with Zilla Parishad, Akola, filed a writ petition challenging the recovery...

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Bombay High Court Allows Petition of PwD-OBC Candidate for MBBS Admission Despite Inadvertent Error in NEET Application Form. Court Directs Admission Based on Disability Certificate and Provisional Selection Letter, Emphasizing Substantive Rights Over Technical Errors Under RPwD Act, 2016.

The petitioner, Shahid Akeel Shaikh, a 20-year-old student with a 40% locomotor disability, filed a writ petition seeking admission to the MBBS course...

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Madras High Court Allows Assessee's Appeal in Income Tax Penalty Case — Typographical Error in Return Does Not Attract Penalty Under Section 271(1)(c). Bonafide belief and full disclosure of transaction negate mens rea for concealment.

The appellant, Ms. Saritha Jain, an income tax assessee, sold her shares in M/s. Vision Health Services (P) Ltd., an Indian company, to M/s. Perot Sys...

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High Court of Karnataka Acquits Accused in Murder Case Due to Inconsistent Evidence and Failure to Prove Common Intention. Conviction under Section 302 r/w 34 IPC set aside as prosecution failed to establish guilt beyond reasonable doubt.

The appellants, Anjalappa and Ashok, were convicted by the I Additional Sessions Judge, Kalaburagi in S.C. No.322/2012 for the murder of a person unde...