Search Results for "Cross-objection"

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Bombay High Court Dismisses Appeals in Specific Performance Suit, Upholds Alternative Decree for Damages. Plaintiff's claim for specific performance of flat agreement dismissed due to subsequent sale to bona fide purchaser; alternative decree for damages against original vendor confirmed.

The judgment arises from two appeals against a common decree dated 14.1.2010 passed by the Bombay High Court in Suit No.1642 of 1984. The original pla...

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High Court Allows Appeal in Arbitration Case, Restoring Arbitral Award Set Aside by Single Judge. Limited Judicial Review Under Section 34 of Arbitration and Conciliation Act, 1996 Precludes Re-appreciation of Evidence Unless Award Shocks Conscience or Conflicts with Public Policy.

The dispute arose between Appellant, a foreign company manufacturing biscuits in Zimbabwe, and Respondent, an Indian partnership firm, regarding the s...

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High Court allowed Insurance Company's Appeal and also cross objection of claimant for Enhances Compensation in Motor Accident Claim -- Tribunal's Award Modified with Increased Compensation

The High Court heard two connected matters: Insurance Company challenging the Tribunal's award holding them liable, and MFA CROB No.27/2014 filed by t...

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High Court partly allowed the appeal and enhanced the amount of compensation in an Insurance Company's Appeal in Motor Accident Claim - Tribunal's Compensation Award of Rs.4,28,000/- Upheld with Additional Costs

The National Insurance Company Ltd. appealed against the Tribunal's award of Rs.4,28,000/- compensation to claimants (married daughters of deceased) i...

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Gujarat High Court Partly Allows Insurance Company's Appeal in Motor Accident Claim Due to Contributory Negligence of Deceased. Deceased's contributory negligence assessed at 30% as he was sleeping on the farm where the truck was reversing, reducing the award from Rs.7,44,000 to Rs.5,20,800.

The case arises from a motor accident claim filed by the legal heirs of Ashokbhai, who died when a truck reversed and hit him while he was sleeping on...

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Gujarat High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Upholds Pay and Recover Order Despite Driver Being Minor Without License. Third Party Claimants Entitled to Compensation; Insurer to Recover from Owner Who Knew of Lack of License.

The case arises from a motor accident claim petition filed under Section 166 of the Motor Vehicles Act, 1988, by the legal heirs of a deceased person ...

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Gujarat High Court Allows Second Appeal in Service Dispute, Sets Aside Back-Wages Award for Exceeding Pleadings. Appellate Court Erred in Granting Back-Wages Without Claim and Without Considering Jurisdiction of Civil Court Under Section 100 CPC.

The case involves a Second Appeal filed by Amreli Nagarpalika and another against Ashwinbhai Shantilal Goradia, challenging the judgment and decree of...

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Gujarat High Court Allows Appeal in Motor Accident Claim — Notional Income Enhanced from Rs.3,000 to Rs.4,500 per Month for Deceased Labourer. Compensation Increased from Rs.6,10,000 to Rs.12,11,000 with 8% Interest Under Section 173 of Motor Vehicles Act, 1988.

The present first appeal under Section 173 of the Motor Vehicles Act, 1988, was preferred by the appellants-original claimants, being the legal heirs ...