Search Results for "rebuttal issue"

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Search Results for "rebuttal issue"

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High Court

Bombay High Court Upholds Acquittal in Cheque Bounce Case Due to Lack of Liability Proof. Complainant failed to establish legally enforceable debt as accused was not the drawer of the cheque under Section 138 of Negotiable Instruments Act, 1881.

12 Sep 2025

The case involves a criminal revision application filed by Kisan R. Gate, the Power of Attorney holder of Vaishali Sanjay Jaiswal, challenging the acq...

High Court

Bombay High Court Dismisses Petition by Municipal Corporation Challenging Regularisation of Daily Wage Employees. Held that daily wage employees who completed 240 days of continuous service are entitled to regularisation under the Industrial Disputes Act, 1947.

10 Sep 2025

The case involves a writ petition filed by Navi Mumbai Mahanagar Palika and others challenging the judgment of the Industrial Court, Maharashtra, Benc...

High Court

Bombay High Court Dismisses Railway Appeal in Compensation Claim for Passenger Death. Death of a bona fide passenger from a moving train due to sudden jerk constitutes an 'untoward incident' under Section 123(c) of the Railways Act, 1989, and the Railway Claims Tribunal correctly awarded compensation under Section 16 of the Railway Claims Tribunal Act, 1987.

22 Apr 2024

The case involves an appeal filed by the Union of India (the Railway) under Section 23 of the Railway Claims Tribunal Act, 1987, challenging the judgm...

High Court

Bombay High Court Allows Writ Petition for Implementation of Permanency Benefits to Workers of Dapchari Milk Project under MRTU & PULP Act. The court held that an earlier judgment granting permanency was enforceable through a fresh complaint and directed the respondents to grant benefits within three months.

2 Apr 2024

The petitioners, three workers representing 32 employees of the Dapchari Milk Project, filed a writ petition challenging the Industrial Court's dismis...

High Court

Bombay High Court Allows Appeal in Railway Compensation Case — Deemed Untoward Incident Under Section 16 of Railway Claims Tribunal Act, 1987. Death of a bona fide passenger falling from a train is an untoward incident, and the Railway Claims Tribunal erred in dismissing the claim based on lack of ticket recovery.

5 Feb 2024

The case involves an appeal filed by the legal heirs of Shrikrushna Dode, who died after falling from a moving train. The appellants claimed that on 1...

High Court

Bombay High Court Allows Appeal in Railway Accident Claim — Deemed Untoward Incident Under Section 124A of Railways Act, 1989. Bona Fide Passenger Status Established Through Circumstantial Evidence Despite Lost Ticket.

26 Sep 2023

The appeal arises from a judgment of the Railway Claims Tribunal, Nagpur Bench, dated 26.08.2013, dismissing the claim for compensation filed by the a...

High Court

Bombay High Court Allows Parents' Appeal in Railway Accident Claim — Falling from Crowded Train is Untoward Incident Under Section 123(c)(2) of Railways Act, 1989. Parents Held to be Dependants Entitled to Compensation Despite Lack of Documentary Proof.

31 Aug 2023

The appellants, parents of the deceased Alpesh Arun Dhotre, filed a claim for compensation before the Railway Claims Tribunal after their son died whi...

High Court

Bombay High Court Allows Revenue's Appeal in Income Tax Case on Section 80IA Deduction for Infrastructure Development. The Court held that the Assessee, engaged in construction of commercial assets, was not eligible for deduction under Section 80IA(4)(iii) of the Income Tax Act, 1961 as the activity did not constitute 'infrastructure facility'.

5 Jul 2023

The present appeals were filed by the Revenue (Pr. Commissioner of Income Tax, Pune) against a common order dated 25th November 2016 passed by the Inc...

Supreme Court

Supreme Court Dismisses Insurer's Appeal in Consumer Dispute Over Fire Insurance Claim Limitation and Assessment. Complaint was within limitation as cause of action was continuing due to insurer's subsequent actions like appointment of investigator and correspondence, under Section 24A of Consumer Protection Act, 1986, and NCDRC's award based on surveyor's report was upheld.

18 Aug 2021

The dispute arose from a fire insurance claim where the insured, a manufacturer, suffered total destruction of plant, machinery, and stock due to a fi...

Supreme Court

Supreme Court Dismisses Appeal by Landowners, Upholds Tenant Status Based on Oral Evidence Rebutting Revenue Record Presumption. The Court held that the presumption of truth under Section 45 of the Himachal Pradesh Land Revenue Act, 1954 was rebutted by consistent oral testimony of the defendant and witnesses establishing a landlord-tenant relationship through payment of galla batai for over 12 years.

1 Jan 2020

The case involves a dispute between the plaintiffs (original owners of land) and the defendant (Shiv Ram) over the nature of the defendant's possessio...

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