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Bombay High Court Allows Husband's Appeal for Restitution of Conjugal Rights, Setting Aside Trial Court's Dismissal. Wife's Refusal to Live with Husband Without Just Cause Constitutes Desertion Under Section 9 of the Hindu Marriage Act, 1955....

The appellant-husband and respondent-wife married on 16 May 2008 and resided together at the husband's home. A daughter was born on 25 September 2009. The wife went to her maiden home for delivery and...

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Bombay High Court Allows Municipal Council to Challenge Ex-Parte Labour Award on Condition of Costs and Remands Matter for Fresh Adjudication. The Court held that while the petitioner failed to show sufficient cause for setting aside the ex-parte award, the matter was remanded to avoid miscarriage of justice in a public employment case, subject to payment of costs....

The petitioner, Municipal Council, Sillod, challenged an ex-parte award dated 18/01/2012 passed by the Labour Court, Aurangabad in Reference (I.D.A.) No.12 of 2001. The respondent, Bhanudas Jayawanta ...

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Bombay High Court Upholds Compensation in Lieu of Reinstatement for Unfair Termination of Temporary Employee. Termination of a peon appointed on compassionate basis held invalid, but compensation of Rs.25,000 deemed adequate given short service and nature of appointment....

The petitioner, Sandip Pandurang Nannaware, was appointed as a peon on 01/01/2002 in place of his father at Shrigonda Krishi Utpana Bazar Samiti. His services were terminated w.e.f. 01/03/2003. He cha...

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High Court of Karnataka Reduces Compensation in Motor Accident Claim Due to Contributory Negligence of Deceased. Apportionment of Liability at 50% Each Between KSRTC Bus and Lorry Driver for Fatal Collision....

The case arises from a motor accident claim where the claimants, legal representatives of deceased D.N. Vijaya Kumar, sought compensation for his death in a collision between a KSRTC bus and a lorry. ...

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High Court of Karnataka Enhances Compensation in Motor Accident Claim Case — Multiplier Corrected to 13 Based on Deceased's Age. Claimants awarded enhanced compensation of Rs.5,13,000/- with interest at 6% per annum....

The appeal was filed by the claimants, the wife and children of the deceased Honnashamaiah, against the judgment and award dated 23rd September 2009 passed by the Motor Accident Claims Tribunal in MVC...

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High Court of Karnataka Allows Revision Petitions Against Dismissal of IA for Return of Plaint in Small Causes Suits. Court holds that Small Causes Court has no jurisdiction to try suits for possession where tenancy is disputed and title is in question, and plaint must be returned for presentation to proper court under Order VII Rule 10 CPC....

The judgment involves multiple civil revision petitions filed by tenants against the Jumma Masjid Trust Board, challenging orders of the V Additional Small Causes Judge and XXIV ACMM, Bangalore, dated...

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Bombay High Court Upholds Levy of Fees on Transporters and Traders Under Essential Commodities Act for Maintenance of Public Distribution System. The court held that the levy under Section 3(3)(f) of the Essential Commodities Act, 1955 is a valid regulatory fee and not a tax....

The judgment involves multiple writ petitions and civil applications challenging the levy of fees on transporters and traders under the Maharashtra Essential Commodities (Licensing, Control and Levy o...

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Bombay High Court Dismisses Appellant Cooperative Housing Society's Appeal in Land Allotment Dispute — Upholds Trial Court's Dismissal of Suit for Declaration and Injunction. The Court held that the appellant failed to establish any legal right to the land as the resolution for allotment was subsequently revoked and no concluded contract was proved....

The appellant, Atchutanand Co-operative Housing Society Ltd., filed a suit seeking declaration of its right to land admeasuring 1,14,000 square metres from respondent no.2, Communidade de Assagao, and...

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High Court of Bombay at Goa Dismisses Appeal for Enhancement of Land Acquisition Compensation — Appellants Failed to Prove Market Value. Land Acquisition Officer's Award of Rs.23 per sq m Upheld Under Section 18 of Land Acquisition Act, 1894....

The appellants, Shivanand Vassudeva Salgaocar and Dattaraj Vassudeva Salgaocar, owned land surveyed under no.219/2 in Village Sancoale, admeasuring 520 square metres. Pursuant to a notification under ...