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High Court of Karnataka Allows Appeal Against Dismissal of Misc. Petition for Setting Aside Execution Dismissal — Liberal Approach to Limitation in Execution Proceedings. Delay in Filing Petition Under Order 21 Rule 106 CPC Condoned Due to Sufficient Cause Shown by Decree Holder.

The appellant, Smt. Susheelamma (since deceased, represented by her legal representative Smt. Amathulurvah @ Mamatha M), was the plaintiff in O.S.No.6...

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Bombay High Court Allows Appeal in Railway Accident Claim — Deemed Untoward Incident Despite Missing Ticket. Held that failure to recover ticket does not negate bona fide passenger status when other evidence establishes valid purchase.

The appellants, being the wife and children of the deceased Ruprao Barde, filed a claim for compensation before the Railway Claims Tribunal, Nagpur, a...

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High Court of Karnataka Allows Appeals by Zilla Panchayat in Workmen's Compensation Cases — Employer-Employee Relationship Not Established. Commissioner's Award Set Aside as Claimants Failed to Prove That Deceased Were Employees of Zilla Panchayat Under Workmen's Compensation Act, 1923.

The case involves two appeals filed by the Chief Secretary of Zilla Panchayat, Belgaum, under Section 30(1) of the Workmen's Compensation Act, 1923, c...

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Bombay High Court Dismisses Club's Appeal Against ESI Interest Demand — Interest Under Section 39(5)(a) of ESI Act, 1948 is Mandatory and Cannot Be Waived. Voluntary Coverage and Deposit of Principal Without Prejudice Do Not Extinguish Statutory Interest Liability.

The appellant, Bombay Gymkhana Limited, a club incorporated under the Indian Companies Act, 1913, was initially covered under the Employees' State Ins...

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Bombay High Court Allows Insurance Company's Appeal in Marine Insurance Claim Dispute, Reduces Compensation. Court holds that the trial court had territorial jurisdiction but reduces the awarded amount due to errors in calculation of damages and interest.

The New India Assurance Co. Ltd. appealed against the judgment and decree dated 30th April 2013 passed by the Civil Judge, Senior Division, Panaji in ...

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Bombay High Court Allows Appeal of Widow and Children in Employee's Compensation Claim for Heart Attack Death. Liberal Construction of Pleadings Required Under Section 22 of Employee's Compensation Act, 1923.

The appellants, widow and children of the deceased truck driver, filed a claim under Section 22 of the Employee's Compensation Act, 1923, seeking comp...

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Bombay High Court Allows Writ Petition Under Article 227 Challenging Rejection of Secondary Evidence Application. Court sets aside trial court order and permits plaintiffs to lead secondary evidence of lost agreement under Section 65 of Indian Evidence Act, 1872.

The petitioners, Om Health Centres Pvt Ltd and its director N. Prabhakar Rao, filed a writ petition under Article 227 of the Constitution of India cha...