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Bombay High Court Allows Appeal in ESI Contribution Dispute — Tailors Held Not Employees Under ESI Act. Independent Contractors Providing Stitching Services Outside Shop Premises Not Covered Under Section 2(9) of Employees' State Insurance Act, 1948.

The appellant, Khadi Gramodyog Emporium, Gandhi Sagar, Nagpur, challenged an order dated 14.05.1985 passed by the Deputy Regional Director, Employees'...

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Bombay High Court Allows Appeal in Motor Accident Claim Case Due to Erroneous Rejection by Tribunal — Involvement of Vehicle and Negligence Established. Tribunal Failed to Decide Quantum of Compensation, Leading to Remand.

The appellants, the widow and minor sons of Nilesh Arlekar, filed a claim petition under the Motor Vehicles Act, 1988 seeking compensation for his dea...

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High Court of Karnataka Dismisses Appeals by BMTC and Insurance Company in Motor Accident Claim — No Negligence by BMTC Driver Established. The court upheld the Tribunal's finding that the tipper lorry driver was solely negligent, and the compensation of Rs.25,000/- with interest was just and proper.

The case arises from a motor accident that occurred on 19.08.2012 involving a BMTC bus (KA-01-F-4447) and a tipper lorry (AP-07-U-8783). The claimant,...

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Bombay High Court Quashes FIR in Share Dispute Due to Civil Nature. Dispute over share purchase agreement held to be purely contractual, not constituting criminal breach of trust or cheating under Sections 406, 420, 120B IPC.

The petitioners, Rohan Dukle and Sudhir Gudal, filed a writ petition under Article 226 of the Constitution of India and Section 482 of the Code of Cri...

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Bombay High Court Dismisses Writ Petitions Seeking Permanency for LIC Apprentices — Apprentices Act, 1961 Overrides Industrial Disputes Act. Apprentices engaged under a statutory scheme are not employees and have no right to absorption.

The petitioners, engaged as apprentices by the Life Insurance Corporation of India (LIC) under the Apprentices Act, 1961, filed writ petitions seeking...

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Bombay High Court Allows Refund of ESI Contributions Paid Under Mistake of Law — Employer Entitled to Restitution Under Section 72 of Indian Contract Act. Mistake of Law Does Not Bar Claim for Refund Under Section 75 of ESI Act, 1948.

The petitioners, M/s. Indian Hotels Co. Limited (owner of Taj Mahal Hotel and Taj Intercontinental) and its shareholder, filed a writ petition seeking...