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High Court of Gujarat Dismisses Appeal by GSRTC in Motor Accident Claim — Upholds Award of Rs.24,93,000 for Amputation of Leg. ST Bus Driver Held Solely Negligent; No Contributory Negligence by Motorcyclist Established Under Section 166 of Motor Vehicles Act, 1988.

The case arises from a motor accident claim petition filed by Babubhai Jasabhai Maru (the claimant) under Section 166 of the Motor Vehicles Act, 1988,...

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Bombay High Court Upholds Dismissal of Bus Conductor in M.S.R.T.C. Case for Collecting Fare Without Issuing Tickets. Misconduct of Gross Dishonesty Justifies Dismissal Under Industrial Law.

The appellant, Hidayatali s/o Mehaboobali Sayyed, was employed as a Bus Conductor with the Maharashtra State Road Transport Corporation (M.S.R.T.C.). ...

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Bombay High Court Allows Writ Petition Challenging Termination of Lease by BEST Undertaking Without Following Principles of Natural Justice. Lease Termination Quashed for Violation of Natural Justice as No Opportunity of Hearing Was Given.

The petitioner, Fortpoint Automotive Private Limited, was allotted a portion of land at Mahim Bus Depot by the Brihanmumbai Electric Supply & Transpor...

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Supreme Court Upholds State Transport Authority in Motor Vehicles Act Case on Vehicle Replacement Rule. Kerala Motor Vehicle Rule 174(2)(c) Validated as It Does Not Exceed Section 83 and Serves Public Safety by Prohibiting Older Vehicle Replacements.

The Supreme Court of India addressed a dispute concerning the validity of Rule 174(2)(c) of the Kerala Motor Vehicle Rules, 1989, which allows the tra...

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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 Allows Appeals of Accused in NDPS Case Due to Non-Compliance with Sections 42 and 50 of NDPS Act. Conviction for Possession of Hashish Set Aside as Search and Seizure Were Conducted Without Proper Authorization and Without Informing Accused of Their Rights.

The case involves two criminal appeals filed by Satyawan Pagi (A1) and Vimal Singh (A2) against their conviction and sentence under Section 20(b)(ii)(...

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Bombay High Court Upholds Dismissal of Bus Conductor in MSRTC Misconduct Case — Labour Court Findings of Valid Enquiry and Proportionality of Punishment Upheld. Domestic Enquiry Found Fair and Proper; Dismissal for Issuing Tickets for Shorter Distance Despite Collecting Full Fare Upheld.

The petitioner, Baban Kashinath Hase, was employed as a Bus Conductor with the Maharashtra State Road Transport Corporation (MSRTC) since 30.4.1989. O...

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Supreme Court Upholds Acquittal in Murder Case Due to Lack of Evidence and Unreliable Witnesses. Conviction under Section 302/34 IPC and Section 120B IPC Set Aside as Prosecution Failed to Prove Conspiracy and Involvement of Accused Beyond Reasonable Doubt.

The case pertains to the murder of two individuals, Raja Mohammed (D1) and Raj Mohammed (D2), on the night of 28 December 1990 near Sarayananthal, Pap...

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High Court of Bombay Upholds Insurance Company's Liability in Motor Accident Claim — Negligence of Driver Established. Deceased was a passenger in a mini bus that overturned due to rash driving; compensation awarded to legal heirs under Motor Vehicles Act, 1988.

The appeal arises from a judgment and award dated 20-03-2003 passed by the Motor Accident Claims Tribunal, Nanded, in Motor Accident Claim Petition No...