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Bombay High Court Allows Appeal in Motor Accident Claim - Compensation Enhanced for Death of Labourer Due to Wrong Multiplier. Multiplier of 18 applied instead of 12 under Motor Vehicles Act, 1988 for deceased aged 24 years earning Rs.1400 per month....

The appeal was filed by the claimants, the wife, minor children, and parents of deceased Kacharu Rathod, challenging the inadequacy of compensation awarded by the Motor Accident Claims Tribunal, Ahmed...

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Bombay High Court Allows Appeal in Cheque Dishonour Case, Sets Aside Acquittal and Convicts Accused Under Section 138 of Negotiable Instruments Act, 1881. Presumption Under Section 139 of NI Act Shifts Burden on Accused, Which Was Not Discharged....

The appellant, Mohammad Murtuza Mohammad Yusuf, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881, against the respondent, Gulam Nabi Abdul Rehman, alleging that a cheque for...

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Bombay High Court Dismisses Civil Revision Against Refusal to Reject Plaint Under Order VII Rule 11 CPC — Cause of Action and Limitation Issues Require Trial. The court held that the plaint, read in its entirety, discloses a cause of action and is not barred by limitation, and the trial court correctly refused to reject the plaint....

The case involves a civil revision application filed by the applicants (defendants in the original suit) against an order dated 21st April 2009 passed by the trial court, which refused to reject the p...

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Bombay High Court Allows Employee to Withdraw Voluntary Retirement Application Before Acceptance — Right to Withdraw Subsists Until Communication of Acceptance. Employee's Application for Voluntary Retirement Can Be Withdrawn Before Bank Communicates Acceptance, as Per Settled Law....

The petitioner, Madhusudan Govindrao Trivedi, was employed as an Assistant Cashier with UCO Bank. He applied for voluntary retirement under a scheme dated 16-11-2000, submitting his application on 1-1...

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Bombay High Court Allows Writ Petition Challenging Election Programme of Cooperative Society for Non-Compliance with Reservation Requirements under Section 73B of Maharashtra Cooperative Societies Act, 1960. The court quashed the election programme and directed fresh elections with mandatory reservations for VJNT and OBC categories....

The petitioner, Tarasingh Gopalsingh Jadhav, a member of the Chikhali Urban Cooperative Bank, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the election pro...

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Bombay High Court Dismisses Employer's Petition Challenging Labour Court Jurisdiction in Unfair Labour Practice Complaint. Cement Industry Declared Controlled Industry Under Section 2(ee) of Industrial Disputes Act, 1947, but Delegation of Powers Under Section 39 Does Not Alter Appropriate Government Status....

The petitioner, UltraTech Cement Ltd., successor to M/s. Larsen & Toubro Limited, challenged an order dated 04.01.2010 of the Labour Court, Chandrapur, which rejected its application for dismissal of ...

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Bombay High Court Allows Writ Petition Challenging Deletion of Name as Representative of Cooperative Bank in Election of Director. Deletion of name without affording opportunity of hearing violates principles of natural justice under Article 226 of Constitution of India....

The petitioner, Baban s/o late Bhaurao Taywde, filed a writ petition under Article 226 of the Constitution of India challenging the action of the respondents in deleting his name as representative of ...

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Bombay High Court Upholds Disqualification of Elected Representatives for Having More Than Two Children and Encroaching on Government Land. Disqualification under Section 16(1)(n) of Maharashtra Zilla Parishad and Panchayat Samitis Act, 1961 and Section 14(j3) of Bombay Village Panchayat Act, 1958 upheld on facts....

The Bombay High Court at Nagpur disposed of two writ petitions challenging orders of disqualification against elected representatives. In Writ Petition No. 5034/2009, the petitioner Shrikrishna Wasude...

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Bombay High Court Dismisses Petition Challenging Election of Chairmen of Subject Committees of Zilla Parishad. Election by show of hands with alphabetical listing of candidates upheld as valid under Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961....

The petitioner, Vishwanath Limbaji Bhowate, was a candidate for the election of Chairman of two Subject Committees of the Zilla Parishad, Gadchiroli. The election was conducted on 02.12.2009 by the Re...