Search Results for "Belated Application"

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Bombay High Court Allows Employer's Writ Petitions Challenging Labour Court Awards of Reinstatement Without Back Wages. Held that daily wage employees who worked for less than 240 days in a year are not entitled to reinstatement under Section 25-F of the Industrial Disputes Act, 1947.

The judgment involves a batch of writ petitions filed by the employer, Dainik Bhaskar Group (D. B. Corp Ltd), challenging the awards of the Labour Cou...

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Bombay High Court Quashes FIR in Rape Case Due to Inordinate Delay and Lack of Credible Explanation. Allegations of Repeated Sexual Assault by Acquaintance Found Improbable and Vague, Leading to Quashing Under Section 482 CrPC.

The applicant, Siddhodhan alias Shudhodan Kurule, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) before...

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Bombay High Court Allows Charitable Trust in Direct Tax Vivad Se Vishwas Act Case Due to Curable Defect in Filing Audit Report. Non-Filing of Audit Report Along with Return is a Curable Defect and Rejection of Declaration Under Section 143(1) of Income Tax Act, 1961 is Not Sustainable.

The petitioner, Chandrakant Narayan Patkar Charitable Trust, is a registered charitable trust. It filed a belated return of income for financial year ...

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Bombay High Court Dismisses Appeal for Correction of Date of Birth in Government Service Record — Belated Application and Lack of Evidence Lead to Dismissal. Fundamental Rule 56 Note 6 Requires Correction Within Five Years of Entry into Service.

The appellant, Shri Ramdas Parab, was a government servant who entered service in 1967 as a Watchman. His date of birth was recorded as 10-3-1943 in h...

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Bombay High Court Allows Amendment of Written Statement in Civil Suit — Liberal Approach to Pleadings Upheld. Amendment sought to incorporate additional facts regarding possession and title, not changing the nature of the suit, allowed with costs.

The petitioners, who were defendants in Regular Civil Suit No.667 of 2009 pending before the 5th Joint Civil Judge Junior Division, Akola, challenged ...

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Bombay High Court Allows Employer's Petition in Date of Birth Correction Case — Employee Failed to Prove Correct Date of Birth. Labour Court and Industrial Court Orders Set Aside as Employee Did Not Challenge Employer's Evidence and Delay in Raising Dispute Was Fatal.

The petitioner, Maharashtra State Farming Corporation Ltd., challenged the common judgment of the Labour Court and the order of the Industrial Court, ...

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High Court Dismisses Railway Appeal and Upholds Compensation for Accidental Fall from Train. Strict Liability Under Section 124A of Railways Act Applies, Even Without Proof of Railway's Fault, Where Ticket Found on Deceased.

The appeal arose from the judgment and order of the Railways Claims Tribunal, Nagpur Bench, which awarded compensation of Rs. 4,00,000 to the dependen...

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Bombay High Court Dismisses Municipal Corporation's Petition and Upholds Gratuity Payment with Interest. Withholding of Gratuity Pending Departmental Enquiry Without Forfeiture Order Violates Payment of Gratuity Act, 1972; Interest Awarded Under Section 7(3-A).

The Municipal Corporation of Greater Mumbai withheld the gratuity of a retired employee, Shri Vitthal Anna Kamble, on the ground that a departmental e...

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Bombay High Court Dismisses Borrowers' Writ Petition in Cooperative Society Recovery Case Due to Lack of Bona Fides. Petitioners Failed to Repay Loan or Deposit Amount Under One Time Settlement Despite Recovery Certificate Under Section 101 of Maharashtra Cooperative Societies Act, 1960.

The petitioners, Pravin Laxmanrao Chakole and Dipali Pravin Chakole, were borrowers and members of the New Subhedar Nagari Sahakari Pat Sanstha Ltd., ...