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Bombay High Court Dismisses ESI Corporation's Appeal, Upholds Dependants' Benefit to Widow of Deceased Worker. Daily Wage Rate Below Threshold Determines Employee Status Under Section 2(9) of ESI Act, Not Monthly Total.

The case involves an appeal by the Regional Director of the Employees' State Insurance Corporation against an order of the ESI Court granting dependan...

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Supreme Court Upholds RBI Circular Denying Arrears of Pension from Date of Retirement in Pension Option Case. Prospective Pension from July 1, 2020, Upheld as Valid Exercise of Employer's Discretion.

The Reserve Bank of India (RBI) appealed against a Division Bench judgment of the Kerala High Court that had dismissed its appeal against a Single Jud...

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Bombay High Court Determines Sheriff's Poundage Payable on Settlement Amount in Admiralty Suit — Poundage Calculated on Amount Actually Realized Under Warrant of Arrest, Not on Claim Value.

The plaintiffs, Great Pacific Navigation (Holdings) Corporation Ltd., filed an Admiralty Suit against the vessel M.V. Tongil Yantai and its owners for...

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Gujarat High Court Allows ESI Corporation's Appeal in ESI Coverage Dispute — Remand Order Set Aside for Lack of Jurisdiction. ESI Court Exceeded Its Powers Under Section 75 of ESI Act, 1948 by Remanding Matter to Appellate Authority Instead of Adjudicating Dispute Itself.

The present appeal arises from a judgment dated 01.04.2023 passed by the learned ESI Court, Ahmedabad in ESI Application No. 54 of 2017. The appellant...

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Belated Claim for Co-operative Housing Society Membership by Legal Heirs Cannot Be Denied Where Occupation and Earlier Resolution Recognised Membership Rights: Supreme Court

The dispute concerned membership of Flat No.7 in Malboro House Co-operative Housing Society, Mumbai. The original occupant, Narendra Patel, was offere...

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High Court of Bombay Dismisses Petition Challenging Arbitral Award in Joint Venture Dispute — No Grounds for Interference Under Section 34 of Arbitration and Conciliation Act, 1996. Court upholds arbitrator's findings on breach of joint venture agreement and rejection of counter claims as not perverse.

The petitioner, Development Corporation of Konkan Limited, a government company, filed a petition under Section 34 of the Arbitration and Conciliation...

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Bombay High Court Allows Prisoners' Challenge to Deduction of Wages for Victims Compensation Fund Under NDPS Act. Discriminatory treatment of similarly situated prisoners violates Article 14 of Constitution.

The judgment concerns three criminal writ petitions filed by prisoners convicted under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS ...