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Bombay High Court Allows Petitions Challenging Settlement in Industrial Dispute for Breach of Section 12 of Industrial Disputes Act and Rule 11 of Industrial Disputes (Bombay) Rules. Settlement Dated 5.9.2008 Quashed as Void Ab Initio for Non-Compliance with Mandatory Conciliation Procedure....

The judgment concerns two writ petitions challenging a settlement dated 5.9.2008 arrived at in conciliation between NRC Limited (the company) and NRC Mazdoor Sangh (the recognised union). The petition...

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Bombay High Court Allows Redevelopment of Acquired Property Under MHADA Based on Settlement Between Owners, Tenants, and Builder. Court Holds That Once Acquisition Notification Lapses, Property Can Be Redeveloped by Private Parties with Consent of All Stakeholders....

The petitioners, comprising owners (Petitioners 1 & 2), tenants (Petitioners 3 to 10), and a builder (Petitioner 11), filed a writ petition challenging a notification dated 4 November 1993 issued unde...

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Bombay High Court Allows Writ Petition Challenging Trial Court Order Permitting Filing of Written Statement After Two Years. Court holds that Order VIII Rule 1 CPC is directory but must be complied with within 90 days, and extension beyond 90 days requires recording of reasons....

The petitioner filed a suit against the respondent (sole defendant). Summons were issued, but the defendant failed to file a written statement within the prescribed period. After two years, the trial ...

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Bombay High Court Allows Employer's Writ Petition Quashing Reinstatement of Vocational Instructor Due to Lack of Essential Qualification. Possession of Instructor's Training Certificate from Central Training Institute for Instructors is a Mandatory Requirement Under Item 8(ii) of Part III of Schedule B to MEPS Rules for Appointment as Full-Time Instructor....

The petitioners, an educational society and its junior college, challenged the judgment of the School Tribunal, Amravati, which had allowed the appeal of respondent no.3, a vocational instructor, agai...

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Bombay High Court Quashes Preventive Proceedings in Water Tap Dispute — No Breach of Peace Found. Proceedings under Sections 107, 116(3), 151 CrPC initiated based on trivial quarrel without material showing likelihood of breach of peace or public tranquility....

The petitioners, Sau. Shilpa Aade, Ashwin Aade, and Manish Potpose, filed a criminal writ petition before the Bombay High Court at Nagpur seeking quashing of Criminal Case No. 156/2011 initiated under...

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Bombay High Court Allows Writ Petition Challenging Remand Order by Maharashtra Revenue Tribunal in Tenancy Rent Dispute. The Court held that under Section 76 of the Bombay Tenancy and Agricultural Lands Act, 1948, the Tribunal cannot remand unless evidence is insufficient or opportunity to lead evidence was denied....

The petitioners, original plaintiffs in a suit for recovery of rent (RCS No. 97 of 1978), challenged the order of the Maharashtra Revenue Tribunal (MRT) dated 29 September 2001, which remanded the mat...

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High Court Upholds Conviction of Public Servant for Corruption — Disproportionate Assets Established....

The case involved an appeal against the conviction of an Assistant Collector of Central Excise for corruption under the Prevention of Corruption Act, 1988. The appellant was accused of possessing asse...

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High Court of Bombay Dismisses Petition Challenging Arbitral Award in Detention Charges Dispute — No Ground for Interference Under Section 34 of Arbitration Act. Contractual terms and bill of lading conditions upheld; waiver claim rejected for lack of evidence....

The petitioners, Starlite Lighting Ltd., entered into a contract to purchase machines from Philip Lighting B.V., Netherlands, which were shipped in 13 containers under a bill of lading. The containers...

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Bombay High Court Allows Petition of Riot-Affected Allottee Against MHADA Interest Demand — Delay in Payment Due to Riot Losses Not Justifiable for Penal Interest. The Court Quashed the Demand for Interest on Delayed Payment of Purchase Price of Tenement Allotted Under Rehabilitation Scheme for Riot-Affected Persons....

The petitioner, Sayeed Shamshul Hasan, was a resident of Mumbai whose house was burnt during the riots of December 1992 and January 1993. The State of Maharashtra announced a rehabilitation scheme for...

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Bombay High Court Quashes Heirship Certificate Granted Under Bombay Regulation VIII of 1827 — Prior Civil Suit Dismissal on Same Issue Renders Application Barred by Res Judicata. The court held that summary proceedings for heirship cannot override a final judgment in a regular civil suit on the same question of marital status....

The petitioner, Dnyanoba Dagadu Harpale, challenged the order of the 6th Joint Civil Judge, Senior Division, dated 09/08/2010, which granted a Heirship Certificate to the respondents, Maya Baban Harpa...