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High Court of Judicature at Bombay Allows Appeal by Claimants in Motor Accident Compensation; Reverses 50% Deduction for Contributory Negligence. Multiplier of 17 Under Section 163-A Second Schedule Applied for Deceased Aged 32 Years; Non-Joinder of Truck Parties Not Fatal in Third-Party Claim.

The appeal arose from a motor accident claim under Section 163-A of the Motor Vehicles Act, 1988. The appellants were the widow, minor son, and mother...

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Bombay High Court Dismisses Management's Petition Challenging Reinstatement of Employee in School Termination Case. Non-Compliance with Mandatory Procedure under Maharashtra Employees of Private Schools (Conditions of Service) Regulation Rules, 1981 Renders Termination Illegal.

The petitioners, Lady Yashodabai Joshi Ladies Club (a registered Public Trust) and the Head Master of Golden Kids English High School (collectively re...

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High Court of Bombay Dismisses Insurance Company's Appeal in Motor Accident Claim — Upholds Compensation Award to Widow and Children of Deceased Homeopathic Doctor. Insurer Failed to Prove Breach of Policy Conditions, Hence Liable to Pay Compensation Under Motor Vehicles Act, 1988.

The case arises from a motor accident claim filed by the widow and children of Dr. Ashok More, a homeopathic doctor, who died in a collision between h...

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Bombay High Court Dismisses Appeal Against Attachment Before Judgment in Recovery Suit by Financial Institutions. Non-Compliance With Order 38 Rule 5A CPC Does Not Invalidate Order Absent Prejudice.

The appeal arises from a suit filed by financial institutions (respondents 2 to 12) against J.K. Synthetics Limited (appellant) for recovery of dues. ...

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Bombay High Court Dismisses Winding Up Petitions Against GOL Offshore Ltd. Due to Bona Fide Dispute and Absence of Commercial Insolvency. Debt Not Due and Payable Under Section 433(e) of Companies Act, 1956.

The judgment concerns two winding up petitions filed by Export-Import Bank of India and Punjab National Bank (International) Ltd. against GOL Offshore...

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Bombay High Court Considers Chamber Summons by Judgment Debtor Challenging Execution of Foreign Award. Defendant Contends Hong Kong Labour Tribunal Award Not Executable as Hong Kong Not Reciprocating Territory and Tribunal Not Superior Court Under Section 44A of CPC.

The matter arose from an execution application filed by Kevin George Vaz seeking to enforce an award dated 6th August 2004 passed by the Labour Tribun...

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Bombay High Court Dismisses Writ Petition of Daily Wager Challenging Industrial Court's Order on Res Judicata Grounds. Petitioner's claim for permanency and equal pay barred by earlier complaint dismissed for default, but High Court upholds dismissal on ground of abuse of process.

The petitioner, Rajendra Tribhuvandas Navare, a retired daily wager employed with Solapur Municipal Corporation, filed a writ petition challenging the...