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Bombay High Court Quashes Compulsory Retirement of Municipal Employee Before Age 58 — Violation of Service Regulations. Compulsory retirement at age 55 without following Regulation 25(3) of BMC Service Regulations, 1989 set aside as arbitrary and illegal.

The Petitioner, Smt. Yashoda Bapu Jadhav, was an employee of the Municipal Corporation of Greater Mumbai (BMC). She was compulsorily retired at the ag...

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Gujarat High Court Allows Appeal in Motor Accident Case for Minor Amputee — Compensation Enhanced for Loss of Marriage Prospects and Permanent Disability. Tribunal's failure to award adequate compensation for amputation of right leg corrected under Motor Vehicles Act, 1988.

The appellant, a minor girl, was hit by a Hyundai car driven rashly and negligently by respondent No.1 while she was walking on the kacha portion of t...

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Gujarat High Court Allows Appeal of Minor Injured in Motor Accident — Compensation Enhanced from Rs. 17,52,000/- to Rs. 23,88,000/-. Notional income of minor assessed at Rs. 15,000/- per month with 40% future prospects and 67.53% permanent partial disability.

The case involves an appeal by the original claimant, a minor injured in a motor accident, against the judgment and award dated 15.03.2022 passed by t...

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Gujarat High Court Dismisses ESI Corporation's Appeal in Work Injury Disability Assessment. Medical Appeal Tribunal's 10% Functional Disability Finding Upheld as Factual Determination Not Open to Interference Under Section 82 of ESI Act.

The Regional Director of the Employees' State Insurance Corporation (appellant) filed a First Appeal under Section 82 of the Employees' State Insuranc...

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Gujarat High Court Allows Insurance Company's Petition for Production of Disability Certificate in Motor Accident Claim. Tribunal's Rejection of Application Under Section 166 of Motor Vehicles Act, 2019 Set Aside for Denying Fair Opportunity to Cross-Examine Claimant.

The petitioner, TATA AIG General Insurance Co. Ltd., filed a Special Civil Application under Articles 226 and 227 of the Constitution of India and Sec...

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Gujarat High Court Dismisses GSRTC Appeal in Motor Accident Claim — Negligence and Compensation Upheld. Tribunal's reliance on FIR and assessment of income at Rs.6,000 per month with multiplier of 14 for deceased pedestrian aged 45 years held proper.

The Gujarat State Road Transport Corporation (GSRTC) appealed against the judgment and award dated 04.02.2022 passed by the Motor Accident Claims Trib...

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Bombay High Court at Goa Dismisses Writ Petition Challenging Environmental Clearance for Mining Project — Petitioners Failed to Establish Violation of Environmental Impact Assessment Notification, 2006.

The petitioners, residents of Goa, filed a writ petition under Article 226 of the Constitution of India challenging the environmental clearance grante...

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WRIT PETITION NO. 3310 OF 2017

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Bombay High Court Upholds Prospective Levy of Land Development Charges Under Section 124A of MRTP Act, 1966 — No Retrospective Recovery for Pre-1992 Permissions. Rain Harvesting Charges and Audit Objections Also Raised.

The Bombay High Court at Nagpur Bench heard a public interest litigation (Writ Petition No.4264/2009) concerning three issues: levy and recovery of la...

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Bombay High Court Dismisses Petition Challenging Enquiry Order Under Section 83 of MCS Act — No Pre-Decided Views Found in Registrar's Order. Appointment of Authorised Officer for Enquiry into Society's Affairs Upheld as Registrar Acted on Prima Facie Material Without Prejudging Issues.

The Petitioner, Raghuleela Megamall Kandivali (West), a cooperative society formed by occupiers of units in a mall, challenged an order dated 9 March ...