Search Results for "Liberal Construction"

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Demurrage Claim Dispute. Claim for demurrage and detention charges held time-barred under Article 55 of Limitation Act, 1963 as the cause of action arose on completion of discharge, not on subsequent demand.

The Petitioner, National Iranian Tanker Company, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996 challenging a majorit...

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Bombay High Court Commutes Death Sentence to Life Imprisonment in Quadruple Murder Case Due to Lack of Aggravating Circumstances and Possibility of Reformation. Court Holds That the Case Does Not Fall Within the 'Rarest of Rare' Category Under Section 302 IPC.

The case involves the confirmation of a death sentence and an appeal against conviction. The accused, Gajanan Wasudeo Mali, Nandesh Gajanan Mali, and ...

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Bombay High Court Allows Land Acquisition Compensation Revision Applications Due to Delay Condonation and Enhanced Compensation Claims. The court held that delay in filing reference under Section 18 of Land Acquisition Act, 1894 should be condoned and matters remitted for fresh adjudication.

The judgment involves multiple civil revision applications filed by landowners whose lands were acquired for public purposes under the Land Acquisitio...

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Bombay High Court Dismisses Tenants' Revision in Eviction Suit Based on Bona Fide Requirement — Concurrent Findings of Courts Below Upheld. Subsequent Induction of New Tenant in Adjacent Shop Not Relevant as It Was Not Part of Suit Property.

The case involves a suit for eviction filed by the owners (plaintiffs) against the tenants (defendants) in respect of two shops, on the ground of bona...

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Bombay High Court Allows Appeal of Widow and Children in Employee's Compensation Claim for Heart Attack Death. Liberal Construction of Pleadings Required Under Section 22 of Employee's Compensation Act, 1923.

The appellants, widow and children of the deceased truck driver, filed a claim under Section 22 of the Employee's Compensation Act, 1923, seeking comp...

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Bombay High Court Dismisses Writ Petition Against Termination by District Central Cooperative Bank, Holding It Not a State Under Article 12. Cooperative Bank Employee's Challenge to Dismissal Fails as DCC Bank Is Not an Instrumentality of the State and No Violation of Natural Justice Established.

The petitioner, Kiran Rangnath Kale, was employed as a Manager at the Beed District Central Cooperative Bank (respondent No. 3). He was initially appo...

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Bombay High Court Allows Appeal of Turf Club Against ESI Corporation — Temporary Staff on Race Days Not Covered Under ESI Act. Club Held Not a 'Shop' Under Notification; Casual Employees Not in Continuous Employment Not Entitled to ESI Coverage.

The appellant, Royal Western India Turf Club Ltd., filed an appeal against the order of the ESI Court, Mumbai, dated 17.2.2005, which dismissed their ...