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Bombay High Court Allows Employee's Petition in Part in Reinstatement Case — Denial of Back Wages Set Aside Due to Lack of Evidence of Gainful Employment. The court held that the burden to prove gainful employment lies on the employer, and the Labour Court must give reasons for denying back wages under the Industrial Disputes Act, 1947....

The petitioner, Shri Rajendra Doraswami Pillay, an employee of M/s. Khemka Travels, was dismissed from service. The Labour Court, Nagpur, in Reference (IDA) No. 165 of 1997, passed an award on 10.05.2...

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Bombay High Court Dismisses Second Appeal in Property Possession Suit — Concurrent Findings of Fact Not Interfered With. Plaintiff Failed to Prove Title Under Will; Adverse Possession Claim by Defendant Upheld....

The appellant (original plaintiff) filed a second appeal against the judgment and order dated 22.4.1998 passed by the 2nd Additional District Judge, Wardha, in Regular Civil Appeal No.129/1995, which ...

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Bombay High Court Dismisses Defendant's Second Appeal in Possession Suit, Upholding Plaintiff's Title and Rejecting Adverse Possession Claim. Defendant's possession held permissive, not hostile; civil court jurisdiction not barred under Section 91 of Maharashtra Cooperative Societies Act, 1960....

The plaintiff, Rajesh Parasram Shahu, filed Regular Civil Suit No. 1778/1993 for possession of Plot No. 88 at Khasra No.4/5, Gat No.78, admeasuring 80' x 50' = 4000 sq.ft., claiming ownership through ...

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Bombay High Court Allows Second Appeal in Specific Performance Suit — Agreement to Sell Valid Despite Subsequent Sale. Plaintiff entitled to specific performance as subsequent purchaser had notice of prior agreement and was not a bona fide purchaser for value without notice under Section 19(b) of the Specific Relief Act, 1963....

The plaintiff, Ramdas Bajirao Mohature, filed Special Civil Suit No. 27/1993 in the Court of Civil Judge, Senior Division, Bhandara, seeking a declaration that a sale deed dated 23.11.1992 between def...

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Bombay High Court Dismisses Insurance Company Appeals in Motor Accident Claims Under Section 163 of Motor Vehicles Act, 1988 — Structured Formula Compensation Based on Disability Certificate Cannot Be Challenged by Insurer. Consent Awards Are Final and Not Appealable Under Section 173 of the Motor Vehicles Act, 1988....

The judgment pertains to three First Appeals filed by the National Insurance Company Limited against awards passed by the Motor Accident Claims Tribunal at Washim under Section 163 of the Motor Vehicl...

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Bombay High Court Quashes Process Against Sales Executives in Criminal Breach of Trust Case — No Specific Allegations of Misappropriation or Dishonest Intent. Applicants, being lower-level employees, cannot be vicariously liable for criminal breach of trust under Sections 403, 406, 418, 468 r/w 34 IPC without specific overt acts....

The case arises from a criminal complaint filed by respondent No. 1, Asha Shrikant Patel, against eight accused persons including the applicants (accused Nos. 4, 7 & 8) alleging offences of criminal b...

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Bombay High Court Allows Caste Claim Based on Sister's Validated Certificate - Government Resolution on Blood Relative's Caste Claim Upheld. The court held that a caste claim of a blood relative should be accepted if an identical claim of a sibling has already been validated, unless fraud is shown, following the principles of Government Resolution dated 22.8.2007....

The petitioner, Apoorva Nichale, challenged the order dated 22.1.2010 passed by the Divisional Caste Certificate Scrutiny Committee No.1, Nagpur, which invalidated her caste certificate declaring her ...

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Bombay High Court Dismisses Petition Challenging Magistrate's Order to File Complaint Under Section 138 of Negotiable Instruments Act, 1881 — Dishonour of Cheque Issued by Company for Seaman's Wages. Court Held That Magistrate's Order to File Complaint Was Not Without Jurisdiction and That Petitioner Had Alternative Remedy of Filing Private Complaint....

The petitioner, Captain Govind Narayan Sharma, a Marine Captain by profession, was appointed by Respondent No.1, a shipping company, as Master on board the vessel m.v. "Maratha Cruiser" for a period o...

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Bombay High Court Dismisses Petition Challenging Settlement Commission Orders in Customs Duty Under-Invoicing Case. Settlement Commission's Rejection of Settlement Application Upheld as Proper Exercise of Discretion Under Section 127H of Customs Act, 1962....

The petitioner, M/s Paul Industries, imported electronic goods during 1995-96 and was issued a show cause notice on 11th June 1999 by the Directorate of Revenue Intelligence (DRI) alleging under-invoi...