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Bombay High Court Allows Appeal in Motor Accident Claim Case — Negligence of Truck Driver Proved, Contributory Negligence Not Established. Appellants awarded enhanced compensation of Rs. 18,00,000/- with interest at 7.5% per annum from the date of petition.

The appellants, being the widow, daughter, father (since deceased), and mother of the deceased Sandip Purandare, filed a claim petition under the Moto...

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Bombay High Court Dismisses Management's Petition Challenging Reinstatement of Teacher in Voluntary Retirement Dispute. Acceptance of Voluntary Retirement Without Allowing Withdrawal Within Notice Period Under Section 7(2) of MEPS Act, 1977 Held Illegal.

The petitioner, Shri Guru Buddhiswami Mahavidyalaya, through its Secretary and Principal, challenged the judgment and order dated 06/12/2013 of the Sc...

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Supreme Court Allows State Appeals in Land Acquisition Case — Doctrine of Legitimate Expectation Cannot Override Statutory Acquisition Process. Industrial Development Constitutes Valid Public Purpose Under Land Acquisition Act, 1894.

The appeals arise from a common judgment of the Uttarakhand High Court dated 02.11.2018, which dismissed the appeals filed by the appellants (the Stat...

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Supreme Court Restores Conviction in Cheque Dishonour Case: High Court Erred in Reappreciating Evidence Beyond Revisional Jurisdiction. Presumption under Sections 118 and 139 of Negotiable Instruments Act, 1881 stands unless rebutted by accused with probable defence.

The appellant-complainant alleged that he advanced a loan of Rs.22,00,000 to the respondent-accused, who issued a cheque dated 17.03.2010 for the same...

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Bombay High Court Allows Employee to Withdraw Voluntary Retirement Application Before Acceptance — Right to Withdraw Subsists Until Communication of Acceptance. Employee's Application for Voluntary Retirement Can Be Withdrawn Before Bank Communicates Acceptance, as Per Settled Law.

The petitioner, Madhusudan Govindrao Trivedi, was employed as an Assistant Cashier with UCO Bank. He applied for voluntary retirement under a scheme d...

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Bombay High Court Allows Revision Application in Suit for Specific Performance — Court Holds That Dismissal of Suit for Default Under Order 9 Rule 8 CPC Cannot Be Converted Into a Decree on Merits Without Proper Application of Mind.

The present Civil Revision Application arises out of a suit for specific performance of contract filed by the applicant (original plaintiff) against t...

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NCLAT Dismisses Financial Creditor's Appeal Against Rejection of Section 7 Application as Time-Barred. Application Under Section 7 of IBC, 2016 Filed Beyond Three Years from NPA Declaration Held Barred by Limitation.

The appeal was filed by M/s. Canara Bank (Appellant/Financial Creditor) against the order of the National Company Law Tribunal, Hyderabad Bench, which...

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Bombay High Court Quashes Termination of Lease for Delay in Hotel Construction Due to Economic Slowdown and Infrastructure Delays. Extension of Time Granted Without Additional Premium Under Agreement to Lease.

The petitioners, M/s. PVP Star Hotels Private Limited and its director, filed a writ petition under Articles 226 and 227 of the Constitution of India ...

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Bombay High Court Allows Workman to Avail Services of Legal Practitioner in Domestic Inquiry - Right to Representation Under Industrial Disputes Act. The court held that refusal to permit legal representation violates principles of natural justice.

The petitioner, Ajit Bhagwan Sawant, a workman employed by M/s. Parveen Industries Pvt. Ltd., was subjected to a domestic inquiry by the employer. The...