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Supreme Court Allows Union of India's Appeal Against LARSGESS Scheme Directions. Tribunal and High Court Orders Set Aside as No Rights Flow from Terminated Scheme.

The Union of India and others appealed against the judgment of the Delhi High Court dismissing their writ petition challenging the Central Administrat...

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High Court Allows Appeal and Remands Motor Accident Claim for Computation of Compensation, Holding That Delay in FIR Is Not Fatal and Test Is Preponderance of Probabilities. Tribunal Erred in Dismissing Claim for Discrepancies in Vehicle Number Despite Corroborating Evidence of MLC and Spot Panchnama.

The appellant, Dilip Deshmukh, suffered grievous head injuries in a motor accident on 20 May 2011 while riding his motorcycle, when a Trax jeep collid...

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High Court of Bombay at Aurangabad Allows Correction of Clerical Error in MACT Judgment — Mistake in Identifying Driver as Owner of Vehicle. Section 166 Motor Vehicles Act, 1988 — Tribunal's refusal to correct error set aside; liability shifted to insurance company.

The petitioners, original respondent Nos. 1 and 2 in a Motor Accident Claim Petition, challenged an order of the Motor Accident Claims Tribunal dated ...

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Bombay High Court Dismisses Revenue's Petition Challenging Tribunal's Recall Order in Hawala Income Tax Case. Tribunal's power to recall its ex parte order under Section 254(2) of the Income Tax Act, 1961 is upheld as procedural rectification.

The case involves a writ petition filed by the Commissioner of Income Tax-12, Mumbai (Revenue) under Article 226 of the Constitution of India, challen...

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Bombay High Court Quashes Industrial Tribunal Award in Wage Reference Due to Failure to Apply Settled Principles. The Court Remands the Proceedings for Fresh Adjudication, Holding That Both Region-cum-Industry and Parity Principles Were Not Properly Followed.

This judgment from the Bombay High Court concerns three writ petitions challenging an award of the Industrial Tribunal in a wage reference between Hin...

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Bombay High Court Dismisses Review Petition in Arbitration Matter — No Error Apparent on Face of Record in Limitation Finding. Court holds that review jurisdiction under Section 114 CPC and Order 47 Rule 1 is limited to errors apparent on record, not re-appreciation of evidence.

The review petition was filed by Hindustan Construction Co. Ltd. (the original respondent no.1 in Arbitration Appeal No. 6 of 2007) seeking review of ...

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Supreme Court Allows Union of India's Appeal Against Armed Forces Tribunal's Interference with Censure Punishment. The Court Held That the Tribunal Cannot Substitute Its Own Discretion for That of the Competent Authority in Awarding Censure Merely Because Different Forms of Censure Exist.

The Supreme Court allowed the appeal filed by the Union of India against the judgment of the Armed Forces Tribunal, Principal Bench, New Delhi. The re...

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Bombay High Court Dismisses Port Trust's Challenge to Industrial Tribunal Award Setting Aside Disciplinary Enquiry. Enquiry Found Vitiated Due to Violation of Natural Justice and Perverse Findings Under Section 10 of Industrial Disputes Act, 1947.

The Board of Trustees of the Port of Mumbai (Petitioner) challenged an award dated 18th May, 1999 passed by the Presiding Officer of the Central Gover...