Bombay High Court

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Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Upholds Notional Income and Parents' Right to Compensation as Legal Representatives. Parents of Deceased Are Legal Representatives Entitled to Claim Compensation Under Section 166 of Motor Vehicles Act, 1988 Even If Not Dependent....

The appeal was filed by the Insurance Company challenging the award of the Motor Accident Claims Tribunal, Mumbai, which allowed the claim petition of the dependents of the deceased. The deceased died...

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Bombay High Court Quashes Customs Confiscation Order for Used Haemodialysis Machines — Import Not Prohibited Under Hazardous Waste Rules. Used Medical Equipment Not Classifiable as 'Hazardous Waste' or 'Waste' Under Hazardous and Other Wastes (Management, Handling and Trans-Boundary Movement) Rules, 2016....

The petitioner, Hemant Surgical Industries Limited, is engaged in importing, manufacturing, and supplying medical equipment. Since 2008, it has imported used haemodialysis machines into India. On 28th...

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Bombay High Court Dismisses Petitions Challenging Compensation Under Domestic Violence Act — Mental Torture and Emotional Distress Constitute Injuries Under Section 22 of Protection of Women from Domestic Violence Act, 2005. Acquittal Under Section 498-A IPC Does Not Bar Civil Remedy Under D.V. Act....

The case involves two criminal writ petitions and connected applications arising from proceedings under the Protection of Women from Domestic Violence Act, 2005 (D.V. Act). The respondent wife (Sneha ...

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High Court Upholds Appeal Against Striking Off Defence in Civil Suit Due to Insufficient Evidence of Breach. Execution of Agreement to Sale Alone Does Not Constitute Breach of Undertaking as per Code of Civil Procedure....

The appellants, original defendants in a civil suit, challenged an order from the trial court that struck off their defence due to an alleged breach of an undertaking not to sell or alienate property....

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Bombay High Court Dismisses Employer's Petition Challenging Labour Court's Reinstatement Order in Industrial Dispute Case — Misconduct Proved but Punishment Disproportionate. Labour Court's Discretion Under Section 11A of Industrial Disputes Act, 1947 Upheld as Not Perverse or Unreasonable....

The petitioner-employer, a company manufacturing fuel injection equipment, challenged an Award dated 13 December 2023 of the First Labour Court, Nashik, in Reference (IDA) No. 9 of 2004. The Labour Co...

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Bombay High Court Dismisses Union of India's Petition Challenging Tribunal's Order Allowing Voluntary Retirement of Assistant. Rule 48-A of CCS Pension Rules Prevails Over Administrative Circulars and Fundamental Rule 56(k)(1) — Employer's Rejection on Grounds of Staff Shortage Held Arbitrary....

The Union of India and others (petitioners) challenged the order dated 01.03.2024 of the Central Administrative Tribunal, Mumbai Bench, which allowed the original application of Satish Namdeorao Andra...

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Bombay High Court Allows Comunidade's Challenge to RTI Orders — Holds Comunidades Not Public Authorities Under RTI Act. Administrative tutelage under Code of Comunidades does not make Comunidades 'public authorities' under Section 2(h) of the Right to Information Act, 2005, and no officer can be deemed a Public Information Officer....

The Bombay High Court at Goa disposed of a batch of writ petitions challenging orders under the Right to Information Act, 2005 (RTI Act) that directed Comunidades (village communities in Goa) to provi...