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Bombay High Court Dismisses Second Appeal in Property Injunction Dispute Due to Lack of Challenge to Co-Decree. Civil Court's Jurisdiction Under Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947 Not Considered as Appeal Dismissed on Procedural Ground.

The present second appeal arises from a property dispute between Kamlabai Suresh Khadse (appellant) and Tukaram Rajaram Ingole, Mahadev Rajaram Ingole...

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Bombay High Court Dismisses Employee's Petition in MSRTC Misconduct Case — Labour Court Exceeded Jurisdiction by Interfering with Enquiry Findings. The Industrial Court correctly restored the dismissal order as the Enquiry Officer's findings were based on ample evidence and not perverse.

The petitioner, Ramesh Gulabrao Bhande, was a conductor employed by the Maharashtra State Road Transport Corporation (MSRTC). He was dismissed from se...

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Bombay High Court Dismisses Petition by Employer Challenging Dismissed Employee's Entitlement to Gratuity Under Payment of Gratuity Act, 1972. Dismissal Constitutes 'Retirement' Under Section 2(q) and Forfeiture Requires Specific Order Under Section 4(6) — Employee Entitled to Gratuity Despite Dismissal.

The case involves a writ petition filed by the Chairman cum Managing Director of Western Coalfields Ltd. challenging the entitlement of respondent No....

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High Court Partially Allows Insurance Company's Appeal in Motor Accident Claim Under Section 163A of Motor Vehicles Act — Reduces Future Prospects and Non-Pecuniary Damages. The structured formula under the Second Schedule does not permit future prospects or excessive non-pecuniary damages.

The case arises from a motor accident claim petition filed under Section 163A of the Motor Vehicles Act, 1988, by the legal representatives of the dec...

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Bombay High Court Allows Writ Petition Challenging Industrial Court's Reversal of Labour Court's Part-I Judgment on Enquiry Fairness. Enquiry Officer Cannot Be Examined as Witness by Management to Prove Fairness of Domestic Enquiry.

The petitioner, Baba Pandit Ghodake, challenged his termination dated 13/12/2010 w.e.f. 15/12/2010 by the respondent society, Pargaon Sudrik Vividh Ka...

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High Court Allows Employee's Petition in Misappropriation Case — Reinstatement with Continuity but No Back Wages Upheld. Industrial Court's Revisional Jurisdiction Under Section 44 of MRTU & PULP Act, 1971 is Limited and Cannot Interfere with Labour Court's Finding of Disproportionate Punishment.

The petitioner, Ranjit Baburao Awhad, was a conductor employed by the Maharashtra State Road Transport Corporation (MSRTC). He was dismissed from serv...

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High Court Dismisses Writ Appeal in Industrial Dispute -- Res Judicata Bars Re-examination of Domestic Enquiry Fairness Under Industrial Disputes Act

The Writ Appeal was filed by the appellant-Union against the dismissal of their writ petition by the Single Judge, which upheld the Labour Court's dec...

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High Court of Gujarat Enhances Compensation for Injured Truck Cleaner in Motor Accident Claim — Functional Disability Assessed at 100% Due to Amputation of Both Legs. Notional Income Fixed at Rs. 8,000 Per Month for Computing Future Loss of Income Under Motor Vehicles Act, 1988.

The appellant, Sanjaybhai Somabhai Tadvi, was a cleaner/conductor on an Eicher truck. On 02.01.2016, the truck driven rashly and negligently collided ...