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Bombay High Court Reduces Compensation in Motor Accident Claim Due to Contributory Negligence of Deceased. Apportionment of Liability at 50% Each Between Truck Driver and Jeep Driver Based on Evidence of Collision on Wrong Side.

The appeal under Section 173 of the Motor Vehicles Act, 1988 was filed by the Maharashtra State Road Transport Corporation (MSRTC) against the judgmen...

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Bombay High Court Dismisses Writ Petition of Temporary Lecturers Challenging Termination — Ad Hoc Appointments Made Without Following Recruitment Rules Do Not Confer Right to Regularisation or Reinstatement.

The case involves a writ petition filed by 25 individuals who were appointed as temporary lecturers on ad hoc basis at Government Polytechnic College,...

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Bombay High Court Dismisses MSRTC Petition Challenging Industrial Court Order on Unfair Labour Practice. Failure to Provide Alternate Employment to Medically Unfit Driver Constitutes Unfair Labour Practice Under Item 9 of Schedule IV of MRTU & PULP Act, 1971.

The Maharashtra State Road Transport Corporation (MSRTC) challenged an order of the Industrial Court, Nagpur, which declared that the Corporation was ...

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Bombay High Court Upholds Labour Court Award of Reinstatement Without Back Wages for Dismissed Conductor. Disproportionate Punishment Set Aside Under Industrial Disputes Act, 1947.

The petitioner, Maharashtra State Road Transport Corporation, challenged an award dated 31.1.1998 passed by the Second Labour Court at Nagpur. The Lab...

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Bombay High Court Dismisses Petition Challenging Scrutiny Committee's Rejection of Thakur Tribe Claim. Court upholds committee's finding that petitioner failed to prove he belongs to Thakur Scheduled Tribe due to lack of documentary evidence and contradictory entries.

The petitioner, Rajendra Ramrao Ghosalkar, filed a writ petition under Article 226 of the Constitution of India challenging an order dated May 19, 200...

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Bombay High Court Dismisses Employee's Petition Challenging Industrial Court's Order Substituting Dismissal with Reinstatement Without Back Wages. Employee's Misconduct of Carrying Unticketed Passenger and Improper Waybill Entries Did Not Warrant Dismissal; Industrial Court's Order Held Proportionate.

The petitioner, an employee of the Maharashtra State Road Transport Corporation, was dismissed from service after a departmental enquiry found him gui...

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Bombay High Court Allows Appeal in Negotiable Instruments Act Case — Reverses Acquittal for Dishonour of Cheque. Presumption under Section 139 of the Negotiable Instruments Act, 1881 stands unless rebutted by accused; failure to prove legally enforceable debt not established.

This is an appeal by the complainant against the acquittal of the accused under Section 138 of the Negotiable Instruments Act, 1881. The complainant, ...

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Bombay High Court Acquits Accused in NDPS Case Due to Non-Compliance with Section 50 and Doubtful Seizure — Conviction for Possession of Ganja Set Aside as Search of Vehicle Without Personal Search of Accused Renders Trial Vitiated.

The case involves two appeals by Madansingh Kamalsingh Rajput and Savairam Devla Jadhav against their conviction under Section 22(c) of the Narcotic D...

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Bombay High Court Allows Writ Petitions Seeking Regularization of Services of Shikshan Sevaks in Zilla Parishad Schools — Directs State to Frame Policy for Regularization Within Six Months.

The judgment pertains to two writ petitions filed by a group of Shikshan Sevaks (teachers on probation) appointed in Zilla Parishad schools in Solapur...

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Bombay High Court Dismisses Bank's Petition Challenging Gratuity Payment to Retired Employee. Forfeiture of Gratuity under Payment of Gratuity Act, 1972 requires proof of financial loss caused by employee's misconduct, not merely disciplinary punishment of compulsory retirement.

The petitioner, Bank of Maharashtra, challenged the orders of the Controlling Authority and Appellate Authority under the Payment of Gratuity Act, 197...