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Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim. Insurer's Liability to Third Parties Not Affected by Violation of Permit Conditions Under Section 149(2) of Motor Vehicles Act, 1988.

The case involves two appeals filed by Oriental Insurance Company Limited against the judgment and award passed by the Motor Accident Claims Tribunal ...

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Bombay High Court Dismisses Petition by School Management Challenging Reinstatement of Teacher. Termination of a teacher during probation without prior approval under Section 5 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 and without inquiry is illegal.

The petitioner, Pen Shikshan Mahila Samiti, a school management, challenged the judgment and order dated 9.7.1990 passed by the School Tribunal, Pune,...

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Bombay High Court Dismisses Section 9 Petition by Debenture Trustee Seeking Deposit and Injunction — No Prima Facie Case for Interim Relief as Trustee Failed to Establish Breach of Trust or Impairment of Security Under Trust Deed and Information Memorandum.

The petitioner, IDBI Trusteeship Services Limited, filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking interim rel...

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Bombay High Court Dismisses Petition Challenging Construction on Community Land in Orlim, Goa. Petitioners failed to establish any legal right or title over the suit property, and the challenge to the construction was held to be not maintainable.

The petitioners, thirteen residents of Orlim, Goa, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court a...

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Bombay High Court Appoints Sole Arbitrator in Family Dispute Over Partnership and Company Matters — Mediation Failed. Court holds that disputes arising from Deed of Family Settlement and Partnership Deed are arbitrable and that non-signatory companies can be joined as parties to arbitration.

The case involves two groups of the same family, the CPS group (Chandrakant Phoolchand Sanghvi and others) and the APS group (Anilkumar Phoolchand San...

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Bombay High Court Reduces Compensation in Motor Accident Claim Due to Contributory Negligence of Deceased. Apportionment of Liability at 50% Each Between Truck Driver and Jeep Driver Based on Evidence of Collision on Wrong Side.

The appeal under Section 173 of the Motor Vehicles Act, 1988 was filed by the Maharashtra State Road Transport Corporation (MSRTC) against the judgmen...

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Bombay High Court Allows Insurance Appeal in Motor Accident Claim — Goods Vehicle Passengers Not Covered Under Policy. Deceased were unauthorized passengers in a goods vehicle, hence insurer not liable under Section 147 of Motor Vehicles Act, 1988.

The case involves two first appeals filed by the New India Assurance Company Ltd. challenging the judgments and awards dated 16-06-2010 passed by the ...

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Bombay High Court Allows Appeals in Cricket Association Election Dispute — Interim Order Set Aside for Lack of Jurisdiction. Court holds that disputes relating to internal elections of a society are not maintainable in civil court without exhausting remedies under the Societies Registration Act, 1860.

The case involves two appeals arising from a suit filed by Gopinath Munde against the Mumbai Cricket Association (MCA) and its office bearers, includi...

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Bombay High Court Dismisses Petition by Maharashtra Industrial Development Corporation Challenging Reinstatement Order. Employer-Employee Relationship Established Despite Contractor System, Termination Held Unfair Labour Practice Under MRTU & PULP Act.

The petitioner, Maharashtra Industrial Development Corporation, challenged the order of the Industrial Court dated 17/9/1999, which reversed the Labou...