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Supreme Court Allows Appeal by Appellants, Setting Aside High Court Order Imposing Penalty Liability on Insurance Company Under Employees Compensation Act, 1923 -- Employer Solely Liable for Penalty Under Section 4A(3)(b) as Per Ved Prakash Garg Judgment

The Supreme Court allowed the appeal by Appellants, challenging the Delhi High Court's order that imposed liability for penalty under Section 4A(3)(b)...

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Supreme Court Allows Insurer's Appeal in Insurance Claim Dispute Over Depreciation Rate for Fire-Damaged Machinery. Court Holds That Insured's Failure to Reinstate Damaged Property Within Extended Time Renders Reinstatement Value Clause Inoperative, Entitling Only Market Value on Depreciation Basis.

The dispute arose from a fire accident on 12.12.1998 that destroyed the '20 Hi Cold Rolling Mill' of the insured, M/s Bhushan Steel and Strips Ltd (la...

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Bombay High Court Dismisses Municipal Corporation of Delhi's Petition Seeking Mandamus Against State of Maharashtra to Execute Distress Warrants. Delhi Municipal Corporation Act, 1957 Has No Extra-Territorial Application, Hence No Duty on Maharashtra Authorities.

The Petitioner, Municipal Corporation of Delhi (MCD), a statutory body under the Delhi Municipal Corporation Act, 1957, filed a writ petition in the B...

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Supreme Court Allows Appeal in Arbitration Clause Validity Dispute Under Lease Agreement. The arbitration clause designating the lessee's Managing Director as sole arbitrator is upheld as valid under the Arbitration and Conciliation Act, 1996, absent contravention of public policy.

The Supreme Court heard appeals by Indian Oil Corporation Limited against a judgment of the Bombay High Court. The dispute arose from a lease agreemen...

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Bombay High Court Dismisses Writ Petition Challenging Termination of Hospital Management Agreement. Municipal Corporation's order terminating agreement for breach of conditions including unauthorized subletting and failure to provide free treatment upheld.

The petitioner, Global Hospital and Research Centre, a charitable trust registered under the Maharashtra Public Trust Act, 1950, entered into an agree...

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High Court Dismisses Petition Challenging Arbitral Award in Insurance Claim Dispute — Underinsurance Calculation Upheld as Not Perverse. Court finds no patent illegality in tribunal's assessment of 55% underinsurance on replacement value basis.

The petitioner, M/s Lift and Shift India Pvt. Ltd., imported a second-hand crawler crane in 2004 and insured it with the respondent, M/s Iffco Tokio G...

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Bombay High Court Allows Appeal in Railway Accident Compensation Case — Deemed Passenger Rule Applied. Death of a person found on railway premises with a valid ticket is an 'untoward incident' under Section 124A of the Railways Act, 1989, and the burden to prove negligence is not on the claimant.

The appellants, being the wife, minor son, and parents of the deceased Lahu Kotlapure, filed a claim application under Section 124 of the Railways Act...

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Bombay High Court Upholds Labour Court's Finding that Senior Engineer and Engineering Assistant are Not Workmen under Industrial Disputes Act, 1947. Petitioners' Complaints under MRTU & PULP Act Dismissed as Not Maintainable Due to Lack of Workman Status.

The Bombay High Court dismissed two writ petitions challenging the Labour Court's orders dated 23rd July 1999, which held that the Petitioners were no...