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Bombay High Court Allows Appeal in Motor Accident Claim Case — Thresher Attached to Tractor Not a Motor Vehicle Accident Under Section 163A of Motor Vehicles Act, 1988. Agricultural Labourer's Hand Amputated in Thresher Does Not Arise Out of Use of Motor Vehicle....

The appellant, Krishnaji @ Kisanji Ramaji Tadas, filed a first appeal under Section 173 of the Motor Vehicles Act, 1988, challenging the judgment dated 19.01.2011 of the Motor Accident Claims Tribunal...

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Bombay High Court Allows Employer's Petition in Retrenchment Reemployment Case — Industrial Court's Direction for Reemployment Quashed. Section 25H of Industrial Disputes Act, 1947 Requires Proof of Retrenchment and Employer's Proposal to Employ, Which Was Not Established....

The petitioner, Maharashtra Remote Sensing Application Centre, challenged the judgment and order dated 07.02.2007 passed by the Industrial Court in Complaint ULPA No. 292 of 1999. The respondent, Deep...

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Bombay High Court Allows Employer's Petition in Unfair Labour Practice Case — Remands for Fresh Adjudication on Punitive Termination. Punitive termination is not retrenchment under Section 2(oo) of Industrial Disputes Act, 1947; Labour Court misapplied Sections 25F and 25G....

The petitioner, Nandura Urban Cooperative Bank Ltd., challenged the orders of the Labour Court and Industrial Court which had allowed the complaint of the respondent-employee, Sandip Anandrao More, al...

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Bombay High Court Allows Writ Petition Challenging Caste Certificate Invalidation and Termination — Scrutiny Committee Overlooked Positive Vigilance Report. Caste Certificate of 'Muslim Julaha' (OBC) Restored as Committee Failed to Consider Evidence, Termination Set Aside with Reinstatement and Continuity of Service....

The petitioner, Yunnus Abubakar Hawaldar, claimed to belong to the 'Muslim Julaha' caste, recognized as OBC in Maharashtra. He obtained a caste certificate after verification of documents and was appo...

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Bombay High Court Allows Petition of Police Constable Challenging Invalid Caste Certificate and Termination. Caste Scrutiny Committee's Order Set Aside for Ignoring Favorable Vigilance Report and Supporting Documents....

The petitioner, Yunnus Abubakar Hawaldar, was appointed as a Police Constable in July 2012 under the OBC category based on a caste certificate issued by the competent authority certifying him as belon...

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Bombay High Court Dismisses Award Debtors' Application to Stay Execution of Consent Interim Award in Arbitration Matter. Challenge to Interim Consent Award After 6 Years Held Time-Barred Under Section 34(3) of Arbitration and Conciliation Act, 1996....

The case involves chamber summonses taken out by the award debtors (Swarup Group of Industries & Anr.) seeking to stay the execution of an interim consent award passed on 3rd December 2008 in favour o...

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Bombay High Court Dismisses Arbitration Petition as Time-Barred Under Section 34(3) of Arbitration and Conciliation Act, 1996. Service of Arbitral Award Deemed Complete Upon Acknowledgment by Relative at Petitioner's Address....

The petitioners, Francisco A. D'Souza and the legal heirs of Oscar de Souza, filed an arbitration petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral award...

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Bombay High Court Dismisses Appeal in Property Dispute Over Will Validity — Upholds Trial Court's Refusal to Appoint Receiver and Grant Injunction. Court Held That Disputed Questions of Fact Regarding Execution of Will Cannot Be Decided in Summary Proceedings Under Order 39 CPC....

The case involves a property dispute among family members concerning the estate of the deceased, Girdharilal T. Bijlani. The appellants (original plaintiffs) filed a suit seeking partition and declara...

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WRIT PETITION NO.4520 OF 2014...

The writ petitions challenged the constitutional validity and propriety of a notification dated January 29, 2014, issued by the Finance Department of the State of Maharashtra, along with two trade cir...

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Bombay High Court Quashes Scrutiny Committee Order Rejecting Caste Validity Certificate for 'Mahadeo Koli' Tribe. Caste Validity Certificates of Blood Relatives Must Be Given Due Weight in Scrutiny Proceedings....

The petitioner, Shri Sahadev Nagnath Yelgulwar, was appointed by the Maharashtra State Road Transport Corporation (Respondent No.3) on 24 July 1990 under the reserved category of Scheduled Tribe (Maha...