Search Results for "Tribunal error"

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Search Results for "Tribunal error"

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High Court

Gujarat High Court Allows Appeal for Enhancement of Compensation in Motor Accident Claim - Deceased Agriculturist Aged 55 Years. Loss of Consortium Awarded to All Five Dependents Following Magma General Insurance Co. Ltd. v. Nanu Ram.

25 Feb 2026

The present appeal arises from a judgment and award dated 20.11.2021 passed by the Motor Accident Claims Tribunal (Aux.), Banaskantha at Deesa in Moto...

High Court

Gujarat High Court Allows Appeal in Motor Accident Claim Due to Erroneous Negligence Apportionment and Income Assessment. The Court Enhanced Compensation from Rs.1,45,840 to Rs.3,22,840 under Section 173 of Motor Vehicles Act, 1988, holding that the Tribunal erred in apportioning 20% negligence without rebuttal evidence and in assessing income at Rs.4,000 per month instead of Rs.9,000 per month for a heavy vehicle driver.

23 Feb 2026

The appellant, Rakeshgiri Arvindgiri Goswami, filed a First Appeal under Section 173 of the Motor Vehicles Act, 1988, challenging the judgment and awa...

High Court

Bombay High Court at Goa Upholds Eviction of Tenant for Wilful Default in Rent Payment Despite Prior Condonation Under Section 22(3) of Goa Rent Control Act. Tenant's repeated default and failure to pay rent for 14 months justifies eviction, and benefit under Section 22(3) cannot be claimed more than once.

27 Apr 2017

The case involves a dispute between landlords (respondents) and a tenant (petitioner) over eviction from suit premises let out in January 1966 for a r...

High Court

Bombay High Court Dismisses Appeal Against Arbitral Award in Bridge Construction Dispute — No Interference Under Section 37 of Arbitration Act as Award Not Perverse or Contrary to Public Policy. The court upheld the arbitral tribunal's interpretation of contract clauses regarding fixed and variable costs, finding no patent illegality or perversity.

23 Sep 2022

The case involves an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, against a Single Judge's order dismissing a Section 34 pet...

High Court

Bombay High Court Quashes Industrial Tribunal Award in Closure Dispute — Burden of Proof Misplaced. Employer's Failure to Rebut Union's Claim Does Not Shift Burden of Proving Workman Status Under Section 25-O of Industrial Disputes Act, 1947.

14 Nov 2022

The petitioner, Siemens Ltd., challenged an award dated 2nd November 2018 passed by the Industrial Tribunal, Aurangabad in Reference (IT) No. 08 of 20...

High Court

Bombay High Court Dismisses Appeal by School Management Against Reinstatement of Probationary Teacher. Termination of probationer without inquiry and without approval under Section 5 of MEPS Act is invalid.

9 Jun 2010

The case involves an appeal by a school management (Shri Vinayak Vidhyadayini Trust and its Headmistress) against the order of the School Tribunal and...

High Court

Bombay High Court Dismisses Appeal Against Refusal of Anti-Arbitration Injunction in Facilitation Deed Dispute. Court Holds That Arbitral Tribunal Has Competence to Decide Validity of Underlying Agreement Under Section 45 of the Arbitration and Conciliation Act, 1996.

17 Sep 2010

The appeal arises from a commercial dispute between MSM Satellite (Singapore) Pte Ltd. (Sony) and World Sport Group (Mauritius) Limited (WSG) concerni...

High Court

Bombay High Court Quashes Interim Relief Order in Industrial Dispute — Tribunal Directed to Reconsider Without Prejudging Merits. Industrial Court's Order Granting Rs.3,500 Per Month to Workmen Set Aside for Lack of Consideration of Prima Facie Case and Balance of Convenience Under Section 10(3) of Industrial Disputes Act, 1947.

25 Aug 2011

The petitioner, Hindustan Unilever Ltd. (HUL), challenged an order dated 15/04/2011 passed by the Industrial Court, Akola Bench, in Reference (BIR) No...

High Court

Bombay High Court Sets Aside CAT Order in Railway Employee Removal Case — Remands for Fresh Consideration on Compliance with IRVM Paras 704/705 and Competent Authority Issue. The Tribunal failed to consider whether charges were proved despite procedural irregularities, as required by Moni Shankar v. Union of India.

3 Oct 2012

The Union of India and others filed a writ petition under Article 226 of the Constitution of India challenging the decision of the Central Administrat...

High Court

Bombay High Court Allows Appeals Against Remand Order in Arbitration Matters — Single Judge Exceeded Jurisdiction Under Section 34 by Setting Aside Award and Remanding for Reconsideration Without Finding Award to Be Void or Inoperative. The Court Held That Section 34 of the Arbitration and Conciliation Act, 1996, Does Not Confer Power of Remand; Only Remedies Are to Uphold, Modify, or Set Aside the Award.

25 Jun 2013

The appellant, Geojit Financial Services Limited (now Geojit BNP Paribas Financial Services Limited), a stock broker registered with the National Stoc...

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