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Gujarat High Court Dismisses Insurance Company's Appeal and Partly Allows Claimants' Cross-Objection in Motor Accident Compensation Case. The court upheld the Tribunal's finding of negligence and enhanced compensation by applying 40% future prospects under the Motor Vehicles Act, 1988.

The case arises from a motor accident on 20.09.2020, where the deceased, Mukeshbhai Ramabhai Dave, was riding a motorcycle and was hit from behind by ...

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High Court of Bombay at Goa Dismisses Insurer's Appeal in Motor Accident Claim — Negligence Finding Upheld. The Court held that the Tribunal's finding on negligence was not perverse and contributory negligence was not proved by the insurer.

The case arises from a motor accident on 17.01.2021 where Mario Bernard Fernandes (Bernard), riding an Activa scooter, collided with a Toyota Qualis i...

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High Court of Karnataka Upholds Labour Court Award in Industrial Dispute — Reinstatement with Back Wages Granted to Workman. Termination of a workman without conducting a proper domestic enquiry and without providing opportunity to cross-examine management witnesses was held illegal and unjustified.

The judgment pertains to two writ petitions filed under Articles 226 and 227 of the Constitution of India. The first petition (WP No. 33097 of 2018) w...

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High Court of Karnataka Allows Writ Petition in Service Dispute — Upholds Appointment of Assistant Public Prosecutor. The Court held that the selection committee's decision was not vitiated by bias or procedural irregularity, and the Tribunal's order setting aside the appointment was erroneous.

The petitioner, Ashok Kumar, was appointed as Assistant Public Prosecutor-cum-Assistant Government Pleader by an order dated 10.11.2010. The third res...

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Bombay High Court Dismisses Petition by School Management Challenging Reinstatement of Teacher by School Tribunal. Teacher's Termination for Abandonment of Service Set Aside as Management Failed to Prove Abandonment and Absenteeism.

The petitioners, the Secretary and Headmaster of Niti Niketan Shikshan Sanstha and Niti Niketan Vidyalaya, challenged the judgment of the School Tribu...

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Bombay High Court Dismisses Employee's Suit for Wrongful Termination - Acceptance of Severance Package Bars Challenge. Contract of Employment Not Specifically Enforceable Under Specific Relief Act, 1963.

The plaintiff, Shanker Basu, was employed as head of corporate division of KBC Bank N.V. under a contract dated 19th June 2000. His services were term...

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Bombay High Court Allows Writ Petition for Notional Increment During Period of Absence Prior to Reinstatement — School Tribunal's Order for Continuity of Service Includes Right to Increments

The petitioner, Vakil Jalilkhan Pathan, was a teacher employed by respondent no. 3 (Shubham Bahuuddeshiya Sanstha) at Swamy Vivekanand Highschool. He ...

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Bombay High Court Dismisses Petition Challenging Recognition of Trade Union Under Section 11 of MRTU & PULP Act. Membership Verification Based on Employer's Records Upheld as Proper.

The petitioner, Bharatiya Kamgar Sena, a trade union registered under the Trade Unions Act, 1926, challenged an order of the Industrial Court declarin...

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Bombay High Court Dismisses Writ Petition of Temporary Teaching Staff Seeking Reinstatement and Regularisation — Temporary Appointments Do Not Confer Right to Continue. Termination of Ad Hoc Employees on Expiry of Term Is Not Illegal and No Writ Lies for Enforcement of Contract of Personal Service.

The petitioners, seven individuals employed as Assistant Professors and Lecturers at Shri Bhagwan College of Pharmacy, Aurangabad, filed a writ petiti...