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Bombay High Court Restrains Encashment of Bank Guarantee in Arbitration Dispute Between Contractor and Sub-Contractor. Court finds that invocation of bank guarantee was fraudulent and would cause irretrievable injustice to the petitioner.

The petitioner, Simplex Infrastructure Limited, a civil and structural construction company, entered into a sub-contract with respondent No. 1, Siemen...

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High Court of Karnataka Enhances Compensation for Minor Injured in Road Accident — Motor Vehicles Act, 1988. Insurer Held Liable to Pay and Recover from Owner Due to Driver Without Valid License.

The appeal arises from a judgment and award dated 27.11.2010 passed by the Motor Accident Claims Tribunal, Hiriyur, in MVC No.78/2009. The claimant, D...

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Bombay High Court Allows Petition Challenging ESI Coverage for Sweet Shop Based on Disputed Employee Count. Court holds that ESI Corporation must determine coverage under Section 2(12) of the Employees' State Insurance Act, 1948 after proper inquiry and opportunity of hearing.

The petitioner, M/s Anil Chat Bhandar, a proprietary concern engaged in preparing and selling sweets and snacks in Nagpur, challenged orders passed by...

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Bombay High Court Dismisses Insurer's Appeals Challenging Pay and Recover Directions in Motor Accident Claims. Tribunal Has Jurisdiction Under Section 168 of Motor Vehicles Act, 1988 to Direct Insurer to Pay Compensation and Recover from Owner Even When Insurer Not Liable.

The judgment concerns two first appeals filed by Bajaj Allianz General Insurance Co. Ltd. against awards of the Motor Accident Claims Tribunal. In bot...

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Bombay High Court Considers Petition by Employee Against National Insurance Co. for Removal from Service Due to Unauthorized Absence. Medical Grounds and Alleged Procedural Lapses Raised Under National Insurance (CDA) Rules, 2014.

The petitioner, a senior assistant in the National Insurance Company, challenged her removal from service following a departmental inquiry for unautho...

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Bombay High Court Hears Writ Petition Challenging Taxability of Interest Received on Enhanced Motor Accident Compensation. Petitioner Claims Interest is Capital Receipt and Not Taxable; Revenue Relies on Sections 56(2)(viii) and 145A(b) of Income Tax Act, 1961.

The petitioner, a 48-year-old man rendered paraplegic and bedridden since a road accident at age 8, filed a writ petition challenging the taxability o...

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Supreme Court Upholds Arbitrator's Award in Contract Dispute Over Final Bill Claims. Court Held That Arbitrator's Consideration of Vitiating Factors and Contract Clauses Was Permissible Under Arbitration and Conciliation Act, 1996, Despite Prohibition on Further Claims in Clauses 65 and 65A.

The dispute arose from a contract dated 02.07.2001 for repair works, with time extended to 19.01.2002. The respondent contractor submitted a final bil...