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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 Partially Allows MSRTC Appeal and Claimants' Cross-Objection in Motor Accident Claim — Future Prospects Not Applicable to Deemed Income of Student. Notional Income of Deceased Student Determined at Rs. 10,000 Per Month with 40% Deduction for Personal Expenses.

The case arises from a motor accident claim petition filed by the parents and sister of a 20-year-old male student who died in a road accident. The de...

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Bombay High Court at Goa Dismisses Petition Challenging Industrial Tribunal Order in Service Termination Dispute. Petitioner failed to prove illegal termination; Tribunal's finding of voluntary resignation upheld under Section 25(F) of Industrial Disputes Act, 1947.

The petitioner, Ms. Ganga S. Mane Raibagkar, filed a writ petition under Article 227 of the Constitution of India challenging the order dated 12/11/20...

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High Court of Karnataka Quashes Interest Demand in ESI Act Case for Violation of Natural Justice. Failure to Issue Show Cause Notice Before Determining Interest Under Section 39(5) of Employees' State Insurance Act, 1948 Renders Order Unsustainable.

The petitioner, M/s. St. John's Medical College Hospital, an establishment covered under the Employees' State Insurance Act, 1948, challenged an order...

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Bombay High Court Dismisses Employer's Petitions Challenging Labour Court Orders in Unfair Labour Practice Complaints. Summary jurisdiction under Section 28 of MRTU & PULP Act does not bar determination of disputed employer-employee relationship when status is prima facie established.

The judgment involves three writ petitions filed by Birla Cotsyn (India) Ltd., the employer, challenging identical orders passed by the Labour Court a...

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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...

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Bombay High Court Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Disturbed. Court held that no substantial question of law arose for interference under Section 100 of the Code of Civil Procedure, 1908.

The case is a second appeal arising from a suit for partition and separate possession filed by the original plaintiffs (respondents) against the origi...