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High Court of Gujarat Dismisses ESIC's Appeal in Employment Injury Case, Upholds 40% Hearing Loss Compensation. Medical Appeal Tribunal's assessment of 40% disablement due to occupational noise exposure is a finding of fact not open to challenge under Section 82 of the Employees' State Insurance Act, 1948.

The case involves an appeal by the Regional Director of the Employees' State Insurance Corporation (ESIC) against the judgment of the Employees' State...

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Supreme Court Interprets Scope of 'Child' under POCSO Act in Appeal Concerning Mentally Challenged Victim. Mental Age of Adult with Cerebral Palsy Considered for Applicability of Special Procedures under Protection of Children from Sexual Offences Act, 2012.

The case concerned a criminal appeal by the prosecutrix, a 38-year-old woman suffering from cerebral palsy (R. Hemiparesis), through her mother. An FI...

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Bombay High Court Allows Family Pension to Mother of Deceased Bachelor Employee Despite Surviving Daughters. The court held that the mother, being a dependent, is entitled to family pension under the old pension scheme, and the rejection on the ground of surviving daughters was unsustainable.

The petitioner, Surekha Yashwant Pilankar, a 75-year-old mother, filed a writ petition challenging the denial of family pension after her son, a Junio...

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Supreme Court Reviews Its Own Guidelines on Arrest and Anticipatory Bail Under SC/ST Act. Directions Requiring Preliminary Enquiry and Approval for Arrest Quashed as Legislative Overreach, but Anticipatory Bail Direction Upheld.

The Union of India filed a review petition against the Supreme Court's judgment dated 20.3.2018 in Criminal Appeal No.416 of 2018, which had issued gu...

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Bombay High Court Quashes ESIC Demand Notices for Non-Application of Mind and Violation of Natural Justice. Employer's Failure to Produce Records Does Not Justify Ex-Parte Assessment Without Proper Opportunity of Hearing.

The petitioners, a company and its director, filed a writ petition before the Bombay High Court challenging various demand notices, recovery notices, ...

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Supreme Court Hears Constitutional Challenge to COFEPOSA Preventive Detention Powers for Foreign Exchange Violations. Petitioners Contend Absence of Penal Provisions Under FEMA Renders Section 3(1) Unconstitutional.

The writ petition under Article 32 of the Constitution was filed directly in the Supreme Court challenging the constitutional validity of Section 3(1)...

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Bombay High Court Full Bench Examines Correctness of Century Textile Interpretation on 'Unprotected Worker' Under Maharashtra Mathadi Act. Referred Question Seeks to Determine Whether Only Casually Engaged Workers Are Covered by the Act Under Section 2(11).

The Bombay High Court Full Bench was constituted to resolve a conflict arising from differing interpretations of Section 2(11) of the Maharashtra Math...