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Bombay High Court Dismisses Petition by MSRTC Challenging Industrial Court Order Setting Aside Rent Recovery. Corporation Failed to Follow Proper Procedure Before Recovering Non-Concessional Rent from Employee Who Continued to Occupy Quarter After Transfer.

The petitioner, Divisional Controller of Maharashtra State Road Transport Corporation, challenged the judgment of the Industrial Court dated 06.01.200...

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Bombay High Court Allows Insurance Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence of Deceased Driver. Claimants' Cross-Objection for Enhanced Compensation Dismissed as Deceased's Own Negligence Contributed to Accident.

The case arises from a motor accident claim where the deceased, Samsuddin Ansari, died in a truck accident. The claimants, being the wife, minor child...

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Bombay High Court Allows Insurance Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence of Deceased Driver. Claimants' Cross-Objection for Enhanced Compensation Dismissed as Deceased's Own Negligence Was Established.

The case arises from a motor accident claim filed by the legal heirs of Samsuddin Ansari, who died in a collision between a truck (MP-20-HB-5499) and ...

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Bombay High Court Dismisses Insurance Company's Appeals in Motor Accident Claims — Negligence of Maruti Van Driver Upheld. Compensation Awarded to Legal Heirs of Deceased Rider and Injured Pillion Riders Under Section 166 of Motor Vehicles Act, 1988.

The case involves three appeals filed by The New India Assurance Co. Ltd. against judgments and awards of the Claims Tribunal, Raigad, in three motor ...

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Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Compensation Upheld. Tribunal's assessment of deceased's income based on income tax returns and application of multiplier of 17 held proper under Section 166 of Motor Vehicles Act, 1988.

The appellant, New India Assurance Co. Ltd., challenged the judgment and award dated 21/07/2004 passed by the Claims Tribunal, Pune in Motor Accident ...

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Bombay High Court Allows Appointment of Arbitrator in Slum Rehabilitation Dispute Between State of Maharashtra and Developer. Court Holds That Existence of Arbitration Clause and Failure of Respondent to Appoint Arbitrator Justifies Appointment Under Section 11 of Arbitration and Conciliation Act, 1996.

The State of Maharashtra filed a petition under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of an arbitrator to reso...

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High Court of Bombay Allows Insurance Company's Appeal in Part, Enhances Compensation in Motor Accident Claim — Insurer Liable to Pay and Recover. Deceased aged 35, self-employed, entitled to 40% future prospects; loss of consortium enhanced to Rs.40,000 per claimant.

The case arises from a motor accident claim filed by the widow and children of Binod Pande, who died in a vehicular accident on 28th August 2012. The ...

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(1) WRIT PETITION NO.4168 OF 2012

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Bombay High Court Dismisses Quashing Petitions in FERA Prosecution — Exoneration in Adjudication Not a Bar to Criminal Proceedings. Adjudication and criminal prosecution under FERA are independent proceedings with different standards of proof and objectives.

The judgment concerns two criminal applications filed under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of orders passed by ...