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Bombay High Court Quashes ESI Order Passed Without Supplying Interim Reports to Employer — Violation of Natural Justice. Section 45A ESI Act assessment set aside as authority relied on Social Security Officer reports not shared with petitioner, remitted for fresh hearing.

The petitioner, SBI General Insurance Company Limited, challenged an order dated 29 December 2023/1 January 2024 passed by the Assistant Director, Aut...

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High Court of Karnataka Allows Appeal in Motor Accident Claim — Dog on Road Constitutes 'Act of God' Not Negligence. Claimant's Wife Died After Motorcycle Fell Due to Sudden Appearance of Dog; Tribunal Erred in Holding Claimant as Owner of Borrowed Vehicle Under Section 163A of Motor Vehicles Act, 1988.

The appellant, Shri Vithal, filed a claim petition under Section 163A of the Motor Vehicles Act, 1988, seeking compensation for the death of his wife ...

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Supreme Court Upholds Constitutional Validity of Section 43B(f) of Income Tax Act — Leave Encashment Deduction Allowed Only on Actual Payment. Clause (f) is not arbitrary or violative of Article 14 as it serves a legitimate purpose of preventing abuse and ensuring employee welfare.

The Supreme Court in this appeal considered the constitutional validity of clause (f) of Section 43B of the Income Tax Act, 1961, which was inserted b...

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Bombay High Court Dismisses Writ Petition Challenging RBI Circular on Resolution of Stressed Assets. Circular dated 12.02.2018 held to be valid and within RBI's powers under Sections 35A and 35AB of the Banking Regulation Act, 1949.

The petitioners, Jayaswal Neco Industries Limited and Jayaswal Holdings Private Limited, filed a writ petition under Article 226 of the Constitution o...

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High Court of Bombay Allows Official Liquidator to Keep Provision for EPF Claims in Winding Up of Navinon Limited. Court Directs Refund of Excess Payment to EPF Office Kandivali.

This judgment arises from Official Liquidator's Report No.517 of 2015 in Company Petition No.1176 of 2001, concerning M/s.Navinon Limited (In Liquidat...

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Bombay High Court Allows PF Commissioner's Challenge Against Official Liquidator's Rejection of Damages and Interest Claims in Winding Up. Priority under Section 11(2) of Employees' Provident Funds and Miscellaneous Provisions Act, 1952 extends to damages under Section 14B and interest under Section 7Q.

The Regional Provident Fund Commissioner, Thane, filed a Company Application challenging the adjudication order of the Official Liquidator, High Court...

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Bombay High Court Allows PF Commissioner's Claim for Interest Under Section 7Q Up to Winding Up Date in Company Liquidation. Priority Under Section 11(2) of PF Act Extends to All Dues Including Interest, But Damages Under Section 14B Must Be Levied Prior to Winding Up.

The Regional Provident Fund Commissioner, Thane, filed a Company Application challenging the adjudication order of the Official Liquidator of M/s. Zod...

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Bombay High Court Dismisses Petition Challenging EPF Attachment Over SFC Sale Property. Section 11(2) of EPF Act, 1952 creates overriding first charge on assets, enforceable against purchaser in SFC sale, not limited to insolvency or winding up.

The petitioner, M/s. Indus Agro Products, was a purchaser in a sale conducted by the State Financial Corporation under the State Financial Corporation...

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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 ...