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Bombay High Court Allows Insurer's Appeal in Motor Accident Claim — Settlement Under Own Policy Bars Further Recovery. Claimant who accepted full and final settlement from his own insurer cannot claim compensation from the opposite insurer for the same damage under the Motor Vehicles Act, 1988.

The New India Assurance Co. Ltd. appealed against the judgment and award of the Motor Accidents Claims Tribunal (MACT), North Goa, Panaji, dated 18.11...

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Bombay High Court Dismisses Writ Petitions Against DRT Order in Debt Recovery Case — Bank Entitled to Recover Debt Under RDB Act. DRT Has Inherent Power to Reject Frivolous Counterclaim Without Recording Evidence, and High Court Should Not Interfere When Alternative Remedy of Appeal Exists.

The case involves two writ petitions arising from proceedings before the Debt Recovery Tribunal (DRT) under the Recovery of Debts Due to Banks and Fin...

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Bombay High Court Allows Teacher's Petition Against Pay Reduction and Recovery Order — Recovery of Excess Payment Set Aside Due to No Misrepresentation. Pay Fixation Error by Employer Cannot Be Recovered from Employee Without Show Cause Notice.

The petitioner, Premchand Nathu Patil, was appointed as an Assistant Teacher on 16.06.1989 in a secondary school run by respondent No. 5 institute. He...

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Gujarat High Court Quashes Recovery Order Against Employee in Voluntary Retirement Dispute — Employer Cannot Recover Excess Payment Without Opportunity of Hearing. Voluntary Retirement Application Deemed Accepted Under Rule 48 of CCS (Pension) Rules, 1972 When Not Rejected Within Notice Period.

The petitioner, Arjun Gorabhai Rathod, was an employee of the State of Gujarat. He applied for voluntary retirement on 19.10.2019 with a notice period...

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Bombay High Court Allows Writ Petition Challenging Recovery of Alleged Excess Pay from Leave Encashment – Section 33-C(1) Industrial Disputes Act, 1947. Recovery of excess payment after five years held iniquitous and arbitrary, following Chandi Prasad Uniyal principle.

The petitioner, Vilas Pandurang Markande, a former employee of the Mumbai Port Trust (respondent No.2), filed a Writ Petition challenging the order da...

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Supreme Court Clarifies Deduction Rules for Compassionate Assistance in Motor Accident Compensation -- Appellants Appeals Against High Court Orders on Deduction of Haryana Government Scheme Benefits

The Supreme Court addressed appeals filed by Appellants Company challenging High Court orders regarding deduction of compassionate assistance from mot...