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Gujarat High Court Holds Truck Driver Solely Negligent for Night-Time Highway Parking, Enhances Compensation in Fatal Accident Case
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Court Book

Gujarat High Court Holds Truck Driver Solely Negligent for Night-Time Highway Parking, Enhances Compensation in Fatal Accident Case

The Gujarat High Court has set aside a Motor Accident Claims Tribunal finding that attributed contributory negligence to a deceased scooter rider, holding instead that the truck driver alone was responsible for the fatal accident.

The Court observed that the truck had been parked on the highway during night hours without parking lights, indicators, or any warning signs, in violation of statutory provisions under the Motor Vehicles Act.

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Gujarat High Court Holds Truck Driver Solely Negligent for Night-Time Highway Parking, Enhances Compensation in Fatal Accident Case
C
Court Book

Gujarat High Court Holds Truck Driver Solely Negligent for Night-Time Highway Parking, Enhances Compensation in Fatal Accident Case

The Gujarat High Court has set aside a Motor Accident Claims Tribunal finding that attributed contributory negligence to a deceased scooter rider, holding instead that the truck driver alone was responsible for the fatal accident.

The Court observed that the truck had been parked on the highway during night hours without parking lights, indicators, or any warning signs, in violation of statutory provisions under the Motor Vehicles Act.

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Denial of Regular Appointment Despite Selection for Advertised Permanent Post Is ‘Patently Illegal’: Supreme Court
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Rajan Prajapati

Denial of Regular Appointment Despite Selection for Advertised Permanent Post Is ‘Patently Illegal’: Supreme Court

The Supreme Court of India has directed the Indian Institute of Information Technology (IIIT), Allahabad, to grant regular appointment to a faculty member who had been kept on contractual terms despite applying for a regular post through a common recruitment process.

The case arose from a 2013 recruitment advertisement issued by IIIT-Allahabad for regular posts of Assistant Professor, Associate Professor and Professor.

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Supreme Court Says Arbitration Clause Can Be Imported Through Reference in Redevelopment Agreements
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Rajan Prajapati

Supreme Court Says Arbitration Clause Can Be Imported Through Reference in Redevelopment Agreements

The Supreme Court of India has clarified that an arbitration clause contained in an earlier redevelopment agreement can become binding in later agreements if those agreements clearly adopt all terms of the original contract.

The dispute arose after Hirani Developers entered into a redevelopment agreement with Nehru Nagar Samruddhi Co-operative Housing Society in 2011 for redevelopment of a dilapidated property. The agreement included an arbitration clause under Clause 36 for resolving disputes through a sole arbitrator.

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