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Supreme Court Reduces Sentence of Bus Driver for Breaking Railway Crossing Gate Under Section 160(2) of Railways Act, 1989. Conviction Upheld but Sentence Reduced to Period Already Undergone Due to Nature of Offence and Passage of Time.

The appellant, Nagaraj, was a driver employed by the Karnataka State Road Transport Corporation. On 3 August 2006, while driving a bus, he hit a railw...

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Bombay High Court Allows Landlord's Writ Petition in Eviction Suit — Reverses Appellate Court's Dismissal for Non-Prosecution. Landlord's Bonafide Need for Suit Block Established; Tenant's Irregular Rent Payment Proved.

The petitioner, Abdul Gani, was the plaintiff in Regular Civil Suit No. 195/2013 seeking eviction of the respondent-tenant, Dilip Gopaldas Duwani, fro...

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High Court of Bombay Enhances Compensation for Death of 7-Year-Old Child in Motor Accident — Notional Income of Rs. 15,000 Per Annum Applied with Multiplier of 15 Under Motor Vehicles Act, 1988. Parents of Deceased Child Awarded Rs. 2,25,000 with 6% Interest.

The case arises from a motor accident claim petition filed by the parents of Fareenbee, a 7-year-old girl studying in 2nd class, who lost her life in ...

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High Court of Bombay Dismisses Employer's Petition Challenging Regularization of Contract Labour as Permanent Workmen. Employer Failed to Prove Genuineness of Contract Labour System, and Concurrent Findings of Fact by Industrial Tribunal and Appellate Authority Were Not Perverse.

The case involves a writ petition filed by Western Coalfields Limited (the employer) under Articles 226 and 227 of the Constitution of India challengi...

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Bombay High Court Dismisses Appeals Against Order Allowing Workmen's Application for Payment of Gratuity and Other Dues from Company Assets. Workmen's dues have priority under Section 529A of Companies Act, 1956, and Official Liquidator must pay from sale proceeds.

The case involves two appeals filed by Grand View Estates Private Limited and Forbes & Company Limited against an order of the Company Court allowing ...

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High Court of Gujarat Enhances Compensation in Motor Accident Claim Due to Negligent Bus Driving and Corrects Multiplier and Future Prospects. Tribunal's Award Modified Under Section 166 and 173 of Motor Vehicles Act, 1988.

The case arises from a motor accident claim petition filed by the legal heirs of the deceased, Salammiya @ Anwarbhai Arab, who died in a road accident...

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Gujarat High Court Allows Appeal and Enhances Compensation in Motor Accident Claim — Income Tax Returns Accepted as Reliable Evidence for Deceased's Income. Self-Employed Deceased Below 40 Years Entitled to 40% Future Prospects Under Section 166 of Motor Vehicles Act, 1988.

The case arises from a motor accident claim petition filed by the legal heirs of Rajendrabhai Amrutbhai Bhatt, who died in a road accident on 22.11.20...

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Supreme Court Allows Appeal in Motor Accident Claim Case Due to Erroneous Application of Burden of Proof Under Section 163A MV Act. Claimant's Failure to Prove Negligence Not a Ground for Dismissal Under No-Fault Liability Scheme.

The present appeal arises from a judgment of the Calcutta High Court dated 27.09.2022, which affirmed the dismissal of a claim petition filed by the o...