Search Results for "employer's default"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
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High Court

Bombay High Court Allows Appeal by Zilla Parishad in Motor Accident Compensation Case — Sets Aside Tribunal's Award Due to Lack of Vicarious Liability. Employer Not Liable for Accident Caused by Employee While Driving Personal Vehicle Without Employer's Knowledge or Permission Under Motor Vehicles Act, 1988.

27 Jul 2023

The case arises from a motor accident claim filed by the legal heirs of Rafik Khalifa (deceased) who died in a road accident on 18th August 2016. The ...

High Court

Bombay High Court Partially Sets Aside Arbitral Award in Dredging Contract Dispute — Interest Award Modified and Counterclaim Allowed. The court held that the arbitral tribunal's award of interest from the date of the award rather than from the date of the claim was contrary to Section 31(7)(a) of the Arbitration and Conciliation Act, 1996, and that the rejection of the employer's counterclaim for demobilization costs under Clause 73(1) was perverse.

15 May 2020

The judgment concerns two cross petitions under Section 34 of the Arbitration and Conciliation Act, 1996 challenging a majority arbitral award arising...

Supreme Court

Supreme Court Allows Appeal in Employee's Compensation Case — Actual Monthly Wages Must Be Used for Computation. The Court held that the notification under Section 4(1B) does not cap wages; actual wages proved can be adopted, and the amendment deleting the deeming provision applies to pending proceedings.

13 Feb 2020

The appeal arose from a judgment of the Madurai Bench of the Madras High Court enhancing compensation under the Employee's Compensation Act, 1923. The...

High Court

Bombay High Court Allows Petition Challenging ESI Coverage for Sweet Shop Based on Disputed Employee Count. Court holds that ESI Corporation must determine coverage under Section 2(12) of the Employees' State Insurance Act, 1948 after proper inquiry and opportunity of hearing.

6 Mar 2019

The petitioner, M/s Anil Chat Bhandar, a proprietary concern engaged in preparing and selling sweets and snacks in Nagpur, challenged orders passed by...

High Court

Bombay High Court Restrains Invocation of Performance Guarantee in Arbitration Dispute — Finds Prima Facie Case of Fraud and Irretrievable Injustice. Section 9 of Arbitration and Conciliation Act, 1996 invoked to protect petitioner's interests pending arbitration.

9 Jan 2017

The petitioner, Larsen & Toubro Limited (L&T), filed an arbitration petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking in...

High Court

High Court of Bombay at Goa Partly Allows Insurance Company's Appeal in Workmen's Compensation Case — Interest Rate Reduced from 12% to 9% p.a. The Court held that the Commissioner erred in awarding interest at 12% p.a. under Section 4A of the Workmen's Compensation Act, 1923, and reduced it to 9% p.a.

7 Aug 2015

The appeal was filed by the National Insurance Co. Ltd. challenging the judgment and order dated 13/05/2010 passed by the Commissioner for Workmen's C...

High Court

Bombay High Court Allows Section 11 Application and Appoints Arbitrator Despite Non-Compliance with Pre-Arbitration Procedure. Respondent's Failure to Object to Invocation of Arbitration Constitutes Waiver of Condition Precedent Under Clause 67 of General Conditions of Contract.

8 Jul 2010

The applicant, M/s. Madhav Structural Engineering Ltd., filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking a...

High Court

Bombay High Court Allows Writ Petition Challenging PF Damages and Interest Due to Non-Functioning of Appellate Tribunal — Directs Reconsideration of Damages Under Section 14-B of EPF Act. The court held that damages under Section 14-B are not automatic and require consideration of mitigating circumstances, and interest under Section 7-Q is compensatory but can be modulated.

2 Aug 2006

The petitioners, Cable Corporation of India Ltd. and another, challenged an order passed by the Regional Provident Fund Commissioner directing them to...

High Court

Bombay High Court Dismisses Contempt Petition Against Employer in Contract Labour Abolition Case. Termination of Contract Workers After Expiry of Contract Period Does Not Violate Interim Order as Order Only Maintained Status Quo During Pendency of Writ Petition.

18 Feb 2005

The petitioner, General Employees Association, a registered trade union under the Trade Unions Act, 1926, representing contract labourers employed by ...

High Court

Bombay High Court Dismisses Insurance Company Appeals in Motor Accident Claims — Upholds Compensation Awards for Third-Party Deaths and Injuries. Insurer's Liability Under Motor Vehicles Act, 1988 Cannot Be Avoided on Grounds of Breach of Policy Conditions Without Evidence of Contributory Negligence or Wilful Default.

30 Nov -0001

The judgment involves three first appeals filed by United India Insurance Co. Ltd. against awards of compensation passed by Motor Accident Claims Trib...

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