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Bombay High Court Allows Appeal by Claimant in Motor Accident Claim Case Due to Negligence of Tractor Driver and Vicarious Liability of Owner. The court set aside the Tribunal's order and awarded compensation for the death of two labourers....

The case involves two appeals arising from a motor accident claim. The claimant, Fimidabee, owned agricultural land and engaged a tractor for digging a well. The tractor driver, Ranjeet, drove the tra...

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High Court of Bombay at Goa Quashes University Order Revising Pay Scale with Retrospective Effect Without Notice - Violation of Natural Justice in Service Matter. The court held that any order affecting the pay of an employee with retrospective effect must be preceded by a notice and opportunity of hearing....

The petitioner, Dr. Bugui Dessai, was appointed as a Reader in Inorganic Chemistry at Goa University in June 1987 and confirmed in service in June 1989. His pay was fixed in the scale of Rs.3700-125-4...

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Bombay High Court Dismisses Appeal in Land Acquisition Dispute for Lack of Jurisdiction. Civil Court lacks jurisdiction to entertain suit challenging acquisition under Land Acquisition Act, 1894, as remedy lies before Reference Court under Section 18....

The appellants, owners of a property in Agonda, Goa, filed a suit seeking withdrawal from acquisition of their plots and compensation of Rs. 1,20,00,000/-. The trial court dismissed the suit as not ma...

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Bombay High Court Dismisses Insurance Company's Appeal Against Workmen's Compensation Award for Loss of Vision. Employer's Liability for Workplace Injury Upheld Under Workmen's Compensation Act, 1923....

The case involves an appeal by The New India Assurance Co. Ltd. against an award dated 2/9/2009 passed by the Commissioner for Workmen's Compensation in Application (WCA No. 48/C/19/2007). The respond...

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Bombay High Court Revokes Leave Under Clause 12 of Letters Patent in Arbitration Matter — No Part of Cause of Action Arose Within Court's Territorial Jurisdiction. The court held that leave to sue cannot be granted when the entire cause of action arises outside the court's territorial limits, even if the arbitration clause is broad....

The case involves a Chamber Summons filed by Narendra Gorani (Applicant) seeking revocation of leave granted under Clause 12 of the Letters Patent to Sumer Builders Pvt. Ltd. (Petitioner) to file an A...

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Bombay High Court Allows Appeal by Indian Oil Corporation in Dealership Dispute — Restores Arbitral Award. The court held that the Single Judge exceeded jurisdiction under Section 34 of the Arbitration and Conciliation Act, 1996 by reappreciating evidence and substituting his own view for the arbitrator's plausible findings....

The appeal arose from a judgment of a learned Single Judge of the Bombay High Court dated 25 March 2013, which set aside an arbitral award under Section 34 of the Arbitration and Conciliation Act, 199...

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Bombay High Court Dismisses Appeal in Teacher Seniority Dispute — Upholds School Tribunal's Finding That Appellant Was Not Qualified on Appointment Date. Seniority Determined by Date of Acquiring Training Qualification Under Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977....

The appellant, Rajendraprasad Tiwari, was appointed as an Assistant Teacher on 15.06.1985 but acquired his B.Ed. training qualification on 21.05.1986. Respondent No.4, Baburao Saidapure, was appointed...

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Bombay High Court Allows Discharge of Accused in Abetment of Suicide Case Due to Insufficient Evidence of Instigation. Vague Allegations in Suicide Note Without Proximate Link to Suicide Do Not Attract Section 306 IPC....

The judgment concerns two connected matters: a Criminal Writ Petition (No. 855 of 2013) and a Criminal Revision Application (No. 164 of 2013), both arising from Sessions Case No. 1/2011 pending before...

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Bombay High Court Dismisses Writ Petition Challenging Amendment of Complaint in NI Act Case - Typographical Error Correction Allowed. The court held that amendment to correct date and amount in a complaint under Section 138 of the Negotiable Instruments Act, 1881, after plea of not guilty, is permissible as it does not change the nature of the case....

The petitioner, Madan Tulshiram Hembade, was the accused in a complaint under Section 138 of the Negotiable Instruments Act, 1881, filed by the respondent-complainant, Ashok Sonaji Hembade. The compla...