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Bombay High Court Allows Appeal in Railway Accident Compensation Case — Sets Aside Tribunal's Dismissal of Claim. Held that the claimant was a bona fide passenger and the accident was an 'untoward incident' under Section 124A of the Railways Act, 1989, entitling him to compensation.

The appellant, Dalit s/o Tukaram Mudkhede, filed a claim application before the Railway Claims Tribunal, Nagpur Bench, seeking compensation for injuri...

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High Court of Bombay Allows Appeal in Railway Accident Claim Case — Death of Passenger Due to Accidental Fall from Train. Claimants Entitled to Compensation Under Section 124A of the Railways Act, 1989 as Deceased Was a Bona Fide Passenger and Death Occurred in a Railway Accident.

The present appeal was filed by the original applicants, Nagorao s/o Gangaram Kamble and Sow. Vithabai w/o Nagorao Kamble, challenging the judgment an...

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Bombay High Court Dismisses Petition Challenging Rejection of TDS Refund Under Section 264 of Income Tax Act, 1961. Assessee Failed to Establish That Payments to Foreign Collaborator Were Not Royalty Under Section 9(1)(vi) Read with DTAA.

The petitioners, M/s BASF (India) Limited and Mr. P.A. Ramasamy, filed a writ petition challenging the order dated 28th February 2001 passed by the Co...

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Supreme Court Dismisses Employer's Appeal in Industrial Dispute Over Compulsory Retirement Without Approval. Termination Declared Void Under Section 33(2)(b) of Industrial Disputes Act, 1947, Due to Failure to Obtain Prior Approval, Leading to Reinstatement with Back Wages.

The dispute arose from the compulsory retirement of the respondent, a Museum Assistant, by the appellant, National Gandhi Museum, in 2004 following mi...

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Supreme Court Dismisses Management's Appeal in Teachers' Wage Arrears Case Under Maharashtra School Rules. Full arrears under 5th and 6th Pay Commissions upheld as employer's duty to implement pay revisions automatically without requiring employees to repeatedly approach authorities.

The Supreme Court addressed a special leave petition filed by a school management challenging a High Court judgment regarding payment of wage arrears ...

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Bombay High Court Allows Appeal in Railway Accident Claim Case — Mother of Deceased Entitled to Compensation Under Railways Act. Tribunal Erred in Dismissing Claim on Ground of Non-Existence of Deceased as Passenger, Despite Evidence of Accidental Fall from Train.

The appellant, Ranjanabai Tukaram Jatale, mother of deceased Suresh Tukaram Jatale, filed a claim application before the Railway Claims Tribunal, Nagp...

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Bombay High Court Allows Appeal in Railway Accident Claim Case — Sets Aside Tribunal's Dismissal for Non-Prosecution. Held that the Tribunal erred in dismissing the claim application for default without considering the merits, and the matter must be restored for fresh adjudication.

The appellant, Mohd. Saber s/o Mohd. Illyas, filed a claim application before the Railway Claims Tribunal, Nagpur Bench, seeking compensation for inju...

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Bombay High Court Allows Appeal by Claimants in Railway Accident Case — Holds That Deceased Was a Bona Fide Passenger and Death Was Accidental. The Tribunal Erred in Dismissing Claim on Grounds of Untruthful Evidence and Failure to Prove 'Accidental Falling' Under Section 124A of the Railways Act, 1989.

The present appeal was filed by the original applicants, the widow and minor children of Jagannath Vibhute, challenging the judgment and award dated 1...

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Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Insurer Liable to Pay Compensation Despite Driver's Invalid License. Pay and Recover Principle Applied as Insurer Must Compensate Third Party and Recover from Owner.

The case arises from a motor accident claim filed by the respondent no.1 (original applicant) before the Motor Accident Claims Tribunal (MACT), Pune. ...

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Bombay High Court Quashes Criminal Process Issued by Chief Judicial Magistrate for Offences Under IPC. Court Holds That Contradictory Orders by Same Magistrate—Issuing Process on Private Complaint and Accepting 'B' Summary—Render the Prosecution Invalid.

The High Court of Bombay at Aurangabad considered two criminal applications filed under Section 482 of the Code of Criminal Procedure, 1973 by applica...