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Bombay High Court Allows Section 11 Application and Appoints Arbitrator in Dealership Dispute. Court Appoints Former Judge as Sole Arbitrator After Respondent Fails to Concur with Applicant's Proposal for Appointment....

The applicant, L.A. Motors Pvt. Ltd., filed an application under Section 11 of the Arbitration and Conciliation Act, 1996 seeking appointment of an arbitrator to resolve disputes arising from a Dealer...

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Bombay High Court Allows Writ Petition Challenging Unilateral Salary Reduction Without Notice Under Section 9A of Industrial Disputes Act, 1947. Reduction in wages of an employee without issuing notice of change as per Section 9A and Fourth Schedule of the Industrial Disputes Act, 1947 is illegal and unsustainable....

The Petitioner, Smita Yohan Godbole, was employed with the Shahda Municipal Council (Respondent No.4). She alleged that her monthly salary was unilaterally reduced from Rs.9,038/- to Rs.4,630/- per mo...

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Karnataka High Court Dismisses Contempt Petitions for Alleged Disobedience of Appellate Tribunal Order — No Willful Disobedience Established. The court held that the accused had complied with the order by reinstating the complainants and that the subsequent termination was based on a separate resolution, not in contempt of the tribunal's order....

The case involves two contempt petitions filed by Chandrashekhar and Kanappa, employees of Mudhol Co-operative Bank Ltd., against Dr. Sunjay Mohan Rao, Chairman of the bank. The complainants alleged t...

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High Court of Karnataka Dismisses Insurance Company's Appeal in Motor Accident Claim — Upholds Compensation for Minor Pillion Rider. Negligence of Qualis Driver Established as Sole Cause of Accident, Insurance Company Liable to Pay Compensation Under Motor Vehicles Act, 1988....

The case arises from a motor accident that occurred on 27.3.2009 at about 11:40 am at the junction of Hebbal ring road near Bharath Cancer Hospital, Mysore. The claimant, Hemanth, a minor aged about 1...

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Karnataka High Court Allows Revenue's Appeal in ITC Hotels TDS Case — Remittances to US Company for Marketing Services Held Subject to TDS Under Section 195 of Income Tax Act. The court held that the existence of a permanent establishment is a factual issue and the assessee cannot rely on past No Objection Certificates to avoid TDS liability....

The case involves appeals filed by the Commissioner of Income Tax and the Income Tax Officer (TDS) against the order of the Income Tax Appellate Tribunal (ITAT) dated 1.5.2009 in ITA 70/Bang/2009 and ...

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Karnataka High Court Allows Plaintiff to File Rejoinder to Amended Written Statement Under Order 8 Rule 9 CPC — Trial Court's Rejection of Amendment Application Set Aside. Plaintiff Entitled to File Additional Pleading When Written Statement is Amended, Though Not Specifically Defined in CPC....

The petitioners, plaintiffs in O.S. No.39/2013 before the Senior Civil Judge Court at Challakere, filed writ petitions under Articles 226 and 227 of the Constitution of India challenging the order dat...

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Bombay High Court Sets Aside Labour Court Award in Favour of Indian Express Limited. Stringer's Claim for Arrears under Working Journalists Act Rejected Due to Failure to Prove Principal Avocation and Employment Relationship....

The matter arose from a writ petition filed by The Indian Express Limited challenging the Labour Court’s award that directed payment of arrears to the original applicant, a stringer, under the Worki...

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Bombay High Court Grants Judgment on Admission in Favor of Plaintiff in Redevelopment Dispute — Developer Admits Entitlement to Alternate Flat. Court holds that admission of claim for specific performance entitles plaintiff to judgment on admission under Order XII Rule 6 CPC, and additional FSI benefits under DC Rules 1991 are to be shared equally as per agreement....

The plaintiff, a member of defendant No.2 society, filed a suit against defendant No.1 developer and defendant No.2 society seeking entitlement to flat No.702 admeasuring 830 sq. ft carpet area in a r...