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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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Bombay High Court Allows US National's Petition Against Expulsion Without Hearing. Court holds that an order under Section 3(2)(c) of the Passport (Entry into India) Act, 1920 requires compliance with natural justice.

The petitioner, Joshua Sadagursky, a US national, filed a writ petition under Article 226 of the Constitution of India challenging a notice dated 21st...

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Bombay High Court Dismisses Railway's Appeal Against Compensation Award for Passenger's Fall from Train. Fall from Running Train Due to Jerk or Push Constitutes Untoward Incident Under Section 123(c)(2) of Railways Act, 1989, and Railway is Liable Under Section 124A.

The appeal was filed by the Union of India, represented by the General Manager, Central Railway, challenging the judgment and order dated 8.10.2009 of...

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Bombay High Court Allows Appeal in Railway Accident Claim Case — Parents of Deceased Passenger Entitled to Compensation. Tribunal Erred in Holding Deceased Not a Bona Fide Passenger Despite Production of Unused Tickets.

The appellants, parents of the deceased Motiram Bramhadeo Haryan, filed a claim for compensation under the Railways Act, 1989 after their son died on ...

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Bombay High Court Adjudicates Habeas Corpus Petition by Father of Minor Child for Custody and Return to USA; Maintainability of Habeas Corpus and Compliance with Foreign Court Order Considered After Remand by Supreme Court

The case involves a habeas corpus petition filed by the father of a minor child, Aaryan, seeking production and custody from the mother. The father, a...

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Bombay High Court Allows Appeal in Railway Accident Claim Case — Deemed Fall from Train as Untoward Incident Under Section 124A of Railways Act, 1989. Recovery of Valid Monthly Season Ticket from Deceased's Body Establishes Bona Fide Passenger Status, Reversing Tribunal's Finding of Trespass.

The appellants, parents of the deceased Milind Balaram Sakpal, filed a claim for compensation under Section 124A of the Railways Act, 1989, alleging t...

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Madras High Court Allows Appeals of Travel Agencies in Service Tax Export Case — Services Rendered to Foreign Clients Abroad Constitute Export of Service Under Finance Act, 1994. Extended Period of Limitation Under Section 73 of Finance Act, 1994 Cannot Be Invoked Without Suppression or Fraud.

The Madras High Court allowed two appeals filed by M/s. Translanka Air Travels Pvt Ltd and M/s. ETA Travel Agency Pvt Ltd against orders of the Custom...

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Bombay High Court Dismisses Petitions Challenging Entertainment Duty on Amusement Park Admission Fee. Lumpsum Charge for Entry and Entertainment is Subject to Duty Under Bombay Entertainment Duty Act, 1923.

The petitioners, Pan India Paryatan Limited and its director, owned and operated an amusement park in Greater Bombay which opened to the public on 25t...

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High Court of Karnataka Dismisses Railway's Appeal Against Compensation for Accidental Fall from Train. Deceased was a bona fide passenger who fell due to sudden jerk and jolt, not a trespasser, under Section 124A of the Railways Act, 1989.

The appeal was filed by the Union of India, represented by the General Manager, South Western Railway, Hubli, against the order dated 28.12.2010 passe...

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Bombay High Court Allows Appeal Against Railway Claims Tribunal Rejection of Compensation for Untoward Incident. Held that strict proof of boarding train is not required under Section 124-A of Railways Act, 1989 and the claimant's version must be accepted unless rebutted by strong evidence.

The appellant, Nitin Navindas Hundiwala, a 75-year-old consultant, filed a claim for compensation under Section 124-A of the Railways Act, 1989, read ...