Search Results for "variance between pleadings and proof"

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Gujarat High Court Allows Appeal and Enhances Compensation in Motor Accident Claim for Death of Labourer — Tribunal's Assessment of Income at Rs.5,000/- per month Held Inadequate; Minimum Wages of Rs.8,000/- per month Applied with 40% Future Prospects and Rs.40,000/- Consortium to Each Claimant.

The present appeal arises from a judgment and award dated 31.08.2017 passed by the Motor Accident Claims Tribunal (Auxiliary), Palanpur, Banaskantha D...

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Bombay High Court Upholds Labour Court Award of Reinstatement with Full Back-Wages for Illegal Termination of Workman. Employer's Denial of Employment Relationship Rejected Based on Documentary Evidence and Conduct.

The case involves a writ petition filed by Tekchand Khanchandani, proprietor of Vikas Garments, challenging a Labour Court award dated 8 June 2006. Th...

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Bombay High Court Considers Cross-Petitions Against Labour Court Awards Awarding Compensation to Workmen Dismissed After Strike; Maintainability of Reference Under Industrial Disputes Act and Proportionality of Punishment Examined.

The matter involved cross writ petitions arising from Labour Court awards concerning the dismissal of workmen employed by Haldyn Glass Limited. In the...

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High Court of Karnataka Quashes Assistant Registrar's Order in Co-operative Election Dispute for Lack of Jurisdiction. Petitioner's Candidature Rejection Upheld as Without Jurisdiction; Remedy Lies Before Co-operative Tribunal Under Section 70(2) of Karnataka Co-operative Societies Act, 1959.

The petitioner, Sri S. Shivkumar, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka at ...

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Supreme Court Dismisses Appeal in Consumer Dispute Over Inspection Services for Export Consignments. Testing company not liable for variations in product specifications at destination port as responsibility limited to certification at shipment under contractual terms and disclaimers.

The dispute arose from a consumer complaint filed by Dolphin International Ltd. against SGS India Ltd. before the National Consumer Disputes Redressal...

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WRIT PETITION No. 4045 OF 2005

The matter arises from a writ petition under Article 226 of the Constitution of India filed by the Ahmednagar Municipal Corporation, a local authority...

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Bombay High Court Reviews Preventive Detention Under COFEPOSA Act for Alleged Smuggling of Red Sanders. Questions Raised Over Violation of Right to Equal Representation and Proper Subjective Satisfaction.

The petition was filed by the wife of the detenu Ajit Bapu Satam, challenging his preventive detention under the Conservation of Foreign Exchange and ...

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Bombay High Court Dismisses Admiralty Suit for Pure Economic Loss Without Physical Damage — Claim for Production Loss Due to Vessel Grounding Held Not Maintainable in Tort of Negligence. Defendant Vessel Owner Not Liable as No Duty of Care Owed to Jetty Owner for Purely Economic Loss.

The plaintiff, owner of a captive jetty and PVC resin plant, filed an admiralty suit against the defendant vessel, claiming production loss of Rs. 12,...