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Bombay High Court Partly Allows Owner's Appeal in Motor Accident Claim — Reduces Compensation for Death of 15-Year-Old Boy Due to Contributory Negligence. Owner of Tractor Held Liable for Negligence of Driver but Compensation Reduced by 50% for Deceased's Contributory Negligence in Sitting on Tractor.

The case arises from a motor accident claim filed by the original claimants (respondents No. 1 to 4) under Section 166 of the Motor Vehicles Act, 1988...

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Bombay High Court Upholds Admission of Winding-Up Petition Against Telecom Company Due to Substratum Erosion and Deadlock. Cancellation of 2G Licences and Irreconcilable Differences Between Equal Shareholders Justify Winding-Up Under Section 433(f) of the Companies Act, 1956.

The appeal arose from an order of the company judge admitting a petition for winding up of Etisalat D.B. Telecom Limited (the company) under Section 4...

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Bombay High Court Dismisses Writ Petitions Seeking Stay of By-Election for Municipal Ward No. 81 Pending Election Petition. By-Election Notification Upheld as Scheme of Mumbai Municipal Corporation Act, 1888 Does Not Require Staying Casual Vacancy Filling Despite Pending Challenge Under Section 33(2).

The Bombay High Court heard a group of four writ petitions filed by voters and rival candidates from Ward No. 81 of the Municipal Corporation of Great...

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Supreme Court Upholds High Court's Modification of Reinstatement Award in Industrial Dispute - Employee's Status as Workman Confirmed. Compensation of Rs.75,000 in lieu of reinstatement and back wages held just and proper due to long lapse of time and acceptance of notice pay.

The case involves two cross-appeals arising from an industrial dispute between Lenin Kumar Ray (employee) and M/s. Express Publications (Madurai) Ltd....

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Bombay High Court Dismisses BSNL's Petition Challenging Industrial Tribunal Award for Back Wages to Casual Labourer. Payment of remuneration for the period of illegal termination ordered under Section 10 of the Industrial Disputes Act, 1947.

The present Writ Petition was filed by the Principal General Manager, Bharat Sanchar Nigam Limited (BSNL), challenging the order dated 06.03.2003 pass...

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Bombay High Court Dismisses Employer's Challenge to Gratuity Award for Workman in Continuous Service Dispute. Payment of Gratuity Act, 1972 — Employer failed to prove break in service despite alleged termination during 1982 strike; workman deemed in continuous service for 30 years.

The Petitioner, M/s. Phoenix Mills Limited, challenged the Judgment and Order dated 23rd March 2004 passed by the Controlling Authority under the Paym...

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Bombay High Court Dismisses Petition by School Management Challenging Reinstatement of Teacher. Termination of a teacher during probation without prior approval under Section 5 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 and without inquiry is illegal.

The petitioner, Pen Shikshan Mahila Samiti, a school management, challenged the judgment and order dated 9.7.1990 passed by the School Tribunal, Pune,...

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Bombay High Court Upholds Compensation in Lieu of Reinstatement for Unfair Termination of Temporary Employee. Termination of a peon appointed on compassionate basis held invalid, but compensation of Rs.25,000 deemed adequate given short service and nature of appointment.

The petitioner, Sandip Pandurang Nannaware, was appointed as a peon on 01/01/2002 in place of his father at Shrigonda Krishi Utpana Bazar Samiti. His ...