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Bombay High Court Allows Appeal in Motor Accident Claim — Sets Aside Ex-Parte Decree Due to Invalid Service of Summons. Service by affixture without prior attempt at personal service held invalid under Order V Rule 17 CPC, and ex-parte decree set aside under Order IX Rule 13 CPC.

The appellant, M/s Arjun Travels, a sole proprietorship concern, was the owner of a vehicle involved in a motor accident. The respondents, being the l...

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Bombay High Court Acquits Accused in Corruption Case Due to Lack of Sanction and Inconsistent Evidence. Demand and Acceptance of Bribe Not Proved Beyond Reasonable Doubt Under Sections 7 and 13(1)(d) of Prevention of Corruption Act, 1988.

The appellant, Eknath s/o Laxman Gaikwad, was a Lineman (Assistant Lineman) employed at the Fuse Call Centre of Maharashtra State Electricity Board (M...

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Bombay High Court Dismisses State's Appeal in Motor Accident Claim — Compensation Upheld as Just and Fair. Monthly income of deceased notionally considered at Rs.1,200/- per month held to be average for able-bodied adult; no evidence of excess.

The State of Maharashtra, through the Executive Engineer, Public Works Division No.1, Gadchiroli, filed an appeal against the judgment and award dated...

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Bombay High Court Allows Indian Airlines' Petition, Upholds Termination of Employee for Loss of Confidence Due to Gold Smuggling. Termination Without Enquiry Valid Under Standing Orders as Employee's Acts Posed Security Threat to Aircraft and Passengers.

The petitioner, Indian Airlines Limited, challenged an order of the Industrial Court which declared the termination of the first respondent's services...

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Bombay High Court Upholds Life Conviction for Murder Based on Testimony of Injured Witness and Circumstantial Evidence. The court affirmed the conviction under Section 302 IPC for murder by iron pipe attack, relying on the injured witness's testimony and recovery of the weapon.

The appellant, Motilal Chouthiprasad Varma, was convicted under Section 302 of the Indian Penal Code, 1860 for the murder of Alok Narayanrao Kirdak an...

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Bombay High Court Dismisses Employer's Petition in Unfair Labour Practice Case — Employee Retired Before Superannuation Age. Employer Failed to Prove Retirement Age of 58; Employee's Service Record Showed Superannuation Age of 60 Under Item 9 Schedule IV MRTU & PULP Act, 1971.

The case involves a writ petition filed by National Bicycle Corporation of India Ltd. (the employer) challenging an order of the Industrial Court date...

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Bombay High Court Dismisses Union's Petition Challenging Labour Court Award Denying Reinstatement of Workman. Domestic Inquiry Held Fair and Punishment of Dismissal Upheld as Not Disproportionate Under Section 11A of Industrial Disputes Act, 1947.

The petitioner, Maharashtra General Kamgar Union, a registered trade union, challenged the Award dated 8th April 1994 (Part-I) and Award dated 7th Apr...

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Bombay High Court Allows Insurance Company's Appeal Reducing Compensation in Motor Accident Claim — Deceased's Income Reassessed at Rs. 3,000 per Month Instead of Rs. 4,500, Future Prospects Not Applicable Due to Lack of Evidence of Permanent Employment.

The case arises from a motor accident claim under Section 166 of the Motor Vehicles Act, 1988. The deceased, Mahadev Sargar, aged 35, died in a road a...