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Bombay High Court Dismisses Club's Appeal Against ESI Interest Demand — Interest Under Section 39(5)(a) of ESI Act, 1948 is Mandatory and Cannot Be Waived. Voluntary Coverage and Deposit of Principal Without Prejudice Do Not Extinguish Statutory Interest Liability.

The appellant, Bombay Gymkhana Limited, a club incorporated under the Indian Companies Act, 1913, was initially covered under the Employees' State Ins...

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Bombay High Court Dismisses Employer's Petition Challenging Labour Court Award for Reinstatement of Workmen in Industrial Disputes Act Case. Employer Failed to Prove Valid Closure or Compliance with Section 25-H for Re-employment After Restarting Factory.

The petitioner, Meltron Engineering Industries, challenged an award of the Labour Court at Pune in a reference under Section 12(5) of the Industrial D...

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Bombay High Court Considers Constitutional Challenge to Maharashtra Private Security Guards (Amendment) Act, 1996. Petitioner Trade Unions Contend Amendment is Retrograde and Repugnant to Central Act, Requiring Presidential Assent.

The Bombay High Court, in its Civil Appellate Jurisdiction, heard three writ petitions filed by trade unions namely Karantikari Suraksha Rakshak Sangh...

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High Court Sets Aside Compensation Rejection, Remands for Disability Assessment Under Employees' Compensation Act, 1923.

The High Court allowed an appeal against the Commissioner's order that rejected a compensation claim under the Employees' Compensation Act, 1923, due ...

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Bombay High Court Dismisses Insurance Company's Appeal in Workmen's Compensation Case — Labour Court Had Jurisdiction to Hold Insurer Liable. The court ruled that the vehicle was insured for transporting employees, thus the insurer was jointly liable under the Workmen's Compensation Act, 1923.

The case arises from a claim under the Workmen's Compensation Act, 1923, filed by the dependents of Ramesh Sukhdeo Sonune, who died in a motor vehicle...

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Bombay High Court Enhances Compensation for Airport Land Acquisition in Marol Village — Market Value Fixed at Rs. 90 per sq. m. for 1981 and 1982 Notifications. Court Relies on Expert Valuer's Report and Rejects SLAO's Low Valuation Based on Inadequate Comparable Sales.

The judgment pertains to two Land Acquisition References (LAR No.18 of 1988 and LAR No.19 of 1988) filed by A.H. Wadia Charity Trust (the Claimant) se...

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Supreme Court Allows Builder's Appeals in Consumer Cases, Sets Aside Refund Order. Clause 11.4 of Builder-Buyer Agreement Limits Developer's Liability to Refund Only if Agreement is Terminated; Allottees Not Entitled to Refund Without Termination.

The appeals arise from a common judgment of the National Consumer Disputes Redressal Commission (NCDRC) in ten consumer cases filed by allottees again...

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Bombay High Court Allows Appeal for Enhancement of Compensation in Motor Accident Claim — Deceased Supervisor's Income Assessed at Rs.4,500 per Month, Multiplier of 18 Applied, Future Prospects Added. Claimants Awarded Rs.10,90,600 with Interest at 7.5% per Annum.

The present appeal was filed by the original claimants, legal heirs of Gopal Dilip Pawar, seeking enhancement of compensation awarded by the Motor Acc...

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Bombay High Court Allows Appeal in Railway Accident Claim — Deemed Bonafide Passenger Based on Ticket Recovery and Witness Testimony. Accidental Fall from Train Constitutes Untoward Incident Under Section 124A of Railways Act, 1989.

The appeal was filed by the dependents of Anil Girdhar Thalkia against the dismissal of their claim for compensation by the Railway Claims Tribunal. T...