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Deemed Conveyance under MOFA Cannot Be Set Aside Merely on Technical Objections When Developer Fails to Execute Conveyance – Bombay High Court

The dispute arose when a cooperative housing society sought deemed conveyance of the land and building from the developer who had failed to execute th...

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Supreme Court Dismisses State's Appeal in Leave Encashment Case for Re-employed Government Servant. Re-employed Employee Entitled to Second Leave Encashment Under Rule 36 of Sikkim Government Services (Leave) Rules, 1982, as Rule 32 Creates Legal Fiction Treating Re-employment as Fresh Service Entry.

The dispute originated from the State of Sikkim's appeal against High Court orders that granted leave encashment benefits to a re-employed government ...

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Bombay High Court Quashes Reopening Notice Under Section 148 of Income Tax Act for Lack of Full and True Disclosure — Share Premium Valuation Dispute Not a Failure to Disclose Material Facts.

The petitioner, The Suminter Organic and Fair Trade Cotton Ginning Mill Pvt. Ltd., challenged a notice under Section 148 of the Income Tax Act, 1961, ...

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Bombay High Court Allows Enhancement of Compensation in Motor Accident Claim by Treating Petition Under Section 166 Instead of Section 163A of Motor Vehicles Act, 1988. Claimants entitled to just compensation based on actual income and future prospects, not structured formula.

The appellants, being the widow, minor children, and father of the deceased Diwakar Pawade, filed a claim petition under Section 166 of the Motor Vehi...

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High Court of Karnataka Enhances Compensation in Motor Accident Claim Case — Deceased was a 60-year-old agriculturist earning Rs.6,000 per month; Tribunal's notional income of Rs.4,500 per month enhanced to Rs.6,000 per month with multiplier of 9 and 1/3rd deduction for personal expenses.

The appeal was filed by the claimants (wife and children of the deceased Buddappa) under Section 173(1) of the Motor Vehicles Act, 1988, against the j...

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Bombay High Court Upholds Compensation Over Reinstatement for Daily Wage Employee in Unfair Labour Practice Case. Refusal of reinstatement and back wages upheld as employee worked only for 4 years and compensation of Rs. 25,000 deemed adequate under MRTU & PULP Act, 1971.

The petitioner, Jagdish s/o Karuji Bombarde, was a daily wage employee of the Municipal Council, Tumsar. He was appointed in February 1997, transferre...

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Bombay High Court Allows Employer's Petition Challenging Reinstatement Order — Employee Abandoned Service by Taking Up Employment Abroad Without Intimation. Clause 13.4 of Certified Standing Orders Validly Invoked to Terminate Employment for Abandonment of Service Under Industrial Disputes Act, 1947.

The Petitioner, Infomedia India Ltd., engaged the First Respondent as a machine operator at its printing establishment in Mumbai. On 22 June 1992, the...