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Bombay High Court Dismisses Probate Suit for Non-Prosecution and Failure to Prove Will Execution. Plaintiff failed to examine attesting witnesses or produce evidence to prove due execution of Will under Section 63 of Indian Succession Act, 1925 and Section 68 of Indian Evidence Act, 1872.

The plaintiff, Romeo Anacleto D'Souza, filed a testamentary petition seeking probate of the Will dated 26th May 1986 of his mother, Mrs Ermina Pinto D...

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Bombay High Court Quashes Process in Cheating Case Against Company for Non-Payment of Maturity Amount Under Investment Scheme — Failure to Repay Loan Does Not Attract Section 420 IPC Without Deception at Inception.

The petitioner, Sol Pharmaceuticals Ltd., a company incorporated under the Companies Act, 1956, challenged an order dated 3.6.2003 passed by the learn...

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Bombay High Court Sets Aside Discharge of Accused in Cheque Bounce Case Despite BIFR Proceedings. The court held that an order under Section 22 of SICA does not automatically bar criminal proceedings under Section 138 of the Negotiable Instruments Act, 1881.

The petitioner, Harshad Jayprasad Bakshi, filed a criminal writ petition challenging the order of the learned Metropolitan Magistrate, 12th Court, Mum...

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Bombay High Court Upholds Reinstatement and Back Wages for Employee Terminated Without Notice in Unfair Labour Practice Case. Employer's Failure to Prove Abandonment of Service and Non-Compliance with Section 25F of Industrial Disputes Act, 1947 Renders Termination Illegal.

The case involves a writ petition filed by Goodlass Nerolac Paints Limited under Article 226 of the Constitution of India challenging an award of the ...

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Bombay High Court Allows Appeal of Turf Club Against ESI Corporation — Temporary Staff on Race Days Not Covered Under ESI Act. Club Held Not a 'Shop' Under Notification; Casual Employees Not in Continuous Employment Not Entitled to ESI Coverage.

The appellant, Royal Western India Turf Club Ltd., filed an appeal against the order of the ESI Court, Mumbai, dated 17.2.2005, which dismissed their ...

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Bombay High Court Dismisses Widow's Petition for Family Pension Due to Limitation and Lack of Option by Deceased Employee. The court held that the petitioner's claim for family pension was barred by limitation and that the deceased husband had not opted for pension under the Railway Pension Scheme.

The petitioner, Smt. Anusayabai Pawalaji Bhalerao, is the widow of a deceased railway employee who served from 2nd June 1943 until his death on 2nd Oc...

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Bombay High Court Dismisses ESI Corporation's Appeal, Upholds Dependants' Benefit to Widow of Deceased Worker. Daily Wage Rate Below Threshold Determines Employee Status Under Section 2(9) of ESI Act, Not Monthly Total.

The case involves an appeal by the Regional Director of the Employees' State Insurance Corporation against an order of the ESI Court granting dependan...

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Bombay High Court Upholds ESI Dependants' Benefit for Deceased Worker Despite Wage Limit. Deceased Balram held to be an employee under Section 2(9) of ESI Act as wages were calculated per day and did not exceed Rs.1000 per month.

The case involves an appeal by the Regional Director of the Employees' State Insurance Corporation against an order of the ESI Court granting dependan...