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Bombay High Court Allows Appeal in Motor Accident Claim — Sets Aside Ex-Parte Decree Due to Invalid Service of Summons. Service by affixture without prior attempt at personal service held invalid under Order V Rule 17 CPC, and ex-parte decree set aside under Order IX Rule 13 CPC.

The appellant, M/s Arjun Travels, a sole proprietorship concern, was the owner of a vehicle involved in a motor accident. The respondents, being the l...

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Bombay High Court Allows Petitions of Sweepers Challenging Termination Without Inquiry. Termination of daily-wage sweepers by Municipal Council set aside for violation of Model Standing Orders and principles of natural justice.

The petitioners, Ram Pyarelal Khicher and Sunita Raju Paisadeli, were employed as sweepers by the Municipal Council, Ramtek. Ram was appointed on 8.12...

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Bombay High Court Quashes Criminal Proceedings Against Retired Municipal Employees in Forgery Case Due to Lack of Sanction Under Section 197 CrPC. Allegations of Fabricating Official Records Require Prior Sanction for Prosecution of Public Servants for Acts Done in Discharge of Official Duty.

The petitioners, four retired employees of the Municipal Council, Ahmedpur, filed a Criminal Writ Petition under Article 226 of the Constitution of In...

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Bombay High Court Allows State's Petition in EGS Watchman Termination Case — Project-Based Employment Does Not Confer Permanent Status. Completion of 240 days under Employment Guarantee Scheme does not create a right to permanency or protection under Section 25-F of Industrial Disputes Act, 1947.

The State of Maharashtra and its officers filed a writ petition challenging the judgments of the Labour Court and Industrial Court which had held that...

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High Court Allows Writ Petition for Maternity Benefits Under Maternity Benefit Act 1961 -- Contractual Doctor Granted Maternity Leave Despite Municipal Corporation's Denial Based on Contractual Status

The High Court of Bombay allowed a writ petition filed by Petitioner, a contractual Assistant Professor at Seth G.S. Medical College and K.E.M. Hospit...

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Bombay High Court Allows Writ Petition Challenging Transfer Order as Violative of Service Rules and Natural Justice. Transfer of Regional Manager to Mumbai set aside for non-compliance with Section 25 of the Industrial Disputes Act, 1947 and breach of principles of natural justice.

The petitioner, Ramesh Janardhan Meshram, a retired Regional Manager of Lokshahir Annabhau Sathe Development Corporation, challenged his transfer orde...

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Supreme Court Allows Appeal of Claimant in Motor Accident Case — Functional Disability Assessed at 100% for Amputation of Leg. Amputation of Right Leg Above Knee Results in 100% Functional Disability for a Carpenter, Entitling Enhanced Compensation Under Motor Vehicles Act, 1988.

The appellant, a 38-year-old carpenter, sustained grievous injuries in a motor vehicle accident on 09.11.2004 when a jeep driven rashly and negligentl...

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High Court of Bombay Hears Section 34 Petition Concerning Forfeiture of Bid Securities in Tender Process. The Petition Questions Whether the Arbitrator Correctly Interpreted Clause 19.6 of the Tender Instructions and the Law on Bank Guarantees.

The dispute arose out of a tender process floated by the Maharashtra State Electricity Distribution Company Limited for supply, construction, and comm...