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Bombay High Court Allows Second Appeal in Property Suit — Finds Substantial Question of Law on Adverse Possession and Co-owner's Possession. Court holds that possession of one co-owner is possession of all co-owners unless there is ouster, and that the trial court's finding of adverse possession was perverse....

The case involves a second appeal filed by the original defendants against the judgment and decree dated 24.07.2012 passed by the learned District Judge-I, North Goa, in a suit for declaration and inj...

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Bombay High Court Allows Appeal in Motor Accident Claim Case Due to Erroneous Finding on Negligence — Tribunal's Dismissal Set Aside, Matter Remanded for Fresh Consideration. The Court held that the Tribunal's conclusion that the appellant failed to establish rashness and negligence was perverse and against the evidence on record....

The appellant, Ms. Rosa Gonsalves alias Rosa Fernandes, wife of the deceased Jose Fernandes, filed a claim petition under the Motor Vehicles Act, 1988 seeking compensation for the death of her husband...

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High Court of Bombay at Goa Upholds Enhanced Compensation for Land Acquisition — Market Value Fixed at Rs.75 per sqm Based on Comparable Sale Deed. Reference Court's reliance on sale deed of adjacent land and rejection of belated sale instances upheld as proper exercise of discretion under Land Acquisition Act, 1894....

The case arises from a land acquisition proceeding under the Land Acquisition Act, 1894. The Spl. Land Acquisition Officer and Executive Engineer (appellants) challenged the judgment and award dated 3...

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Bombay High Court Quashes COFEPOSA Detention Order Due to Illegible Documents Violating Article 22(5). Supplying illegible documents amounts to non-communication of grounds, depriving detenu of effective representation....

The petitioner, Sanjay Soni, challenged a detention order dated 25th January 2012 passed under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (CO...

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Bombay High Court Upholds Labour Court Award of Reinstatement with 75% Back Wages in Termination Dispute. Employer's Claim of Abandonment Rejected as Workman Proved Termination Without Compliance with Section 25-F of Industrial Disputes Act, 1947....

The petitioner, M/s. Ocean Creations (employer), challenged the judgment and award dated 05.10.2006 passed by the 4th Labour Court, Mumbai, which directed reinstatement of the respondent No. 1 (workma...

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High Court Quashes Industrial Tribunal Award Reinstating Employee in Banking Company Case, Holding Voluntary Retirement Under Bipartite Settlement Valid. Employee's Inaction and Prolonged Absence After Sanctioned Leave Justified Deemed Voluntary Retirement Without Departmental Enquiry....

The dispute arose when an employee of State Bank of India, serving as a cashier cum clerk, availed leave and overstayed in Japan. Between April and June 1993, he applied for and was granted leave, but...

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Bombay High Court Acquits Accused in Hit-and-Run Case Due to Lack of Evidence Identifying Driver. Conviction under Sections 279, 304A IPC and Motor Vehicles Act Quashed as Prosecution Failed to Prove Applicant Was Driving the Offending Tempo....

The applicant, Ramnath Yashwant Gholap, was convicted by the Judicial Magistrate (First Class), Ashti, for offences under Sections 279 (rash driving) and 304A (causing death by negligence) of the Indi...

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Bombay High Court Dismisses Writ Petition Challenging Industrial Court's Order in Unfair Labour Practice Case — Complaint Filed During Pendency of Domestic Enquiry Held Premature. Filing a complaint before completion of enquiry restricts management's right to proceed in accordance with law under MRTU & PULP Act, 1971....

The petitioner, Bapu Parwati Urmude, was employed with the respondent, Premier Industries, from 1981. On 21st October 2002, the respondent alleged that the petitioner abused a partner, and from 22nd O...

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Bombay High Court Dismisses Employee's Petition Seeking Full Backwages in Reinstatement Case. Labour Court's Order of 50% Backwages Upheld as Employer Violated Natural Justice by Dismissing Without Waiting for Reply Period....

The petitioner, Sunil Shamrao Thokal, was employed as a Store Keeper with the respondent, The Salvation Army Evangeline Booth Hospital, since 1989. On 19.12.1992, 12.5.1993, and 18.1.1994, the respond...