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Bombay High Court Dismisses Petition Challenging Territorial Jurisdiction in NI Act Case — Cheque Drawn on Bank Within Court's Jurisdiction Confers Jurisdiction Under Section 138 Negotiable Instruments Act, 1881. The court held that the place where the cheque is presented to the drawee bank determines jurisdiction, not the place of deposit for collection....

The petitioners, original accused in a complaint under Section 138 of the Negotiable Instruments Act, 1881, challenged the territorial jurisdiction of the Judicial Magistrate First Class, Bhokardan. T...

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Bombay High Court Dismisses Workman's Petition Challenging Industrial Court's Order Dismissing Complaint for Non-Implementation of Award. Delay of 4½ years in filing complaint under MRTU & PULP Act, 1971 held fatal as no sufficient cause shown....

The petitioner, Kashinath Parvati Labade, was a workman employed with the Department of Social Forestry, Maharashtra. He was allegedly illegally terminated on 01/05/1987. He raised an industrial dispu...

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High Court of Bombay at Nagpur Enhances Compensation for Tractor-Trolley Accident Victim — Permanent Disability Assessed at 40% with Multiplier of 18. Loss of earning capacity calculated at Rs.4,32,000 with medical expenses of Rs.50,000 and interest at 7.5% per annum....

The appellant, Prabhakar Motiram Ganbhoj, filed an appeal against the judgment and award dated 25.10.2004 passed by the Motor Accident Claims Tribunal, Akola in M.A.C.P. No.119 of 1999, whereby compen...

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Bombay High Court Partly Allows Insurer's Appeal Reducing Compensation for Death of Two-Year-Old Child in Motor Accident. Notional Income Method Under Section 163A of Motor Vehicles Act, 1988 Cannot Be Applied Retrospectively to Accidents Occurring Before Its Enactment....

The case arises from a motor accident claim where a two-year-old child, Shudhodhan, died after a tractor-trolley driven in reverse dashed against the cot on which he was sleeping with his father. The ...

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Bombay High Court Dismisses Writ Petition Challenging Disqualification of Councilors for Defection. Councilors who voluntarily gave up membership of their political party and voted against party whip under Sections 3(1)(a) and 3(1)(b) of Maharashtra Local Authorities Members' Disqualification Act, 1986 are disqualified....

The petitioners, ten councilors of the Municipal Council, Saoner, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 28.10.2013 passed by the Regi...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Port Development Dispute — Liquidated Damages Claim Rejected Due to Lack of Proof of Actual Loss. The court held that under Section 74 of the Indian Contract Act, 1872, proof of actual loss is necessary for claiming liquidated damages, and the arbitrator's finding was not patently illegal....

The petitioner, Board of Trustees for Jawaharlal Nehru Port, a body corporate under the Major Port Trusts Act, 1963, entered into a licence agreement with the respondent, Gateway Terminals India Pvt. ...