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Bombay High Court Allows Appeal by Employer in Unfair Labour Practice Case — Industrial Court Exceeded Revisional Jurisdiction by Reversing Labour Court's Finding on 240 Days Service. Employee Failed to Prove Continuous Service of 240 Days or Applicability of Kalelkar Settlement, Hence Reinstatement Order Set Aside....

The case involves a Letters Patent Appeal filed by the Executive Engineer and Sub-Divisional Engineer (appellants) against the order of the Industrial Court in Revision (ULP) No.79 of 2007. The respon...

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Bombay High Court Acquits Accused in Murder Case Due to Lack of Direct Evidence and Unreliable Circumstantial Evidence. Conviction under Section 302 IPC set aside as prosecution failed to prove guilt beyond reasonable doubt....

The appellant, Jagadish Anant Narvekar, was convicted by the Additional Sessions Judge, Greater Mumbai for the murder of his aunt Sarita under Section 302 of the Indian Penal Code, 1860 and sentenced ...

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Bombay High Court Acquits Appellant in Murder Case Due to Unreliable Sole Eyewitness and Lack of Corroboration. Conviction under Section 302 IPC set aside as identification of accused was doubtful and recovery of weapon was not linked to the crime....

The appellant, Anil Shashikant Alve, was convicted by the Additional Sessions Judge, Mumbai, for the murder of Santosh Karunakaran Malli under Section 302 read with Section 34 IPC and sentenced to lif...

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Bombay High Court Dismisses Appeal Against Winding Up Order in Company Petition by Asset Reconstruction Company. ARCIL as assignee of debt is entitled to maintain winding up petition under Companies Act, 1956....

The appeal was filed by Horizon Flora India Limited against an order of the learned single Judge dated 16 July 2010 in Company Petition No. 189 of 2008, by which the company was ordered to be wound up...

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Bombay High Court Orders Return of Bank Guarantee Despite Pending Revenue Appeal — Penalty for Non-Compliance Imposed. Mere pendency of appeal is not a ground to withhold bank guarantee when no financial recovery is outstanding; department must return within reasonable time....

The petitioner, M/s. AVG Impex Pvt. Ltd., filed a writ petition before the Bombay High Court seeking the return of a bank guarantee furnished to the Customs Department with the endorsement 'cancelled'...

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Bombay High Court Dismisses Revision Against Rejection of Amendment Application in Civil Suit — Amendment Sought After 11 Years and After Commencement of Trial Held Not Bonafide and Would Cause Prejudice to Opposite Party....

The petitioners, who were defendants in Special Civil Suit No.123 of 1990 filed by the predecessor of respondents No.1 to 8, challenged the order dated 2nd August 2001 rejecting their application unde...

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Bombay High Court Allows Revision Against Dismissal of Land Acquisition Reference for Want of Evidence - Principles of Natural Justice Violated. Court sets aside order dismissing reference due to advocate's absence and remands for fresh hearing on merits....

The petitioners, owners of land Gat No. 701 admeasuring 49 R at village Khandali, had their land acquired by the respondent authorities for construction of a storage tank. The Land Acquisition Officer...

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Bombay High Court Dismisses Appeal Against Remand Order in Property Suit — Trial Court's Judgment Set Aside for Failure to Frame Issues and Consider Evidence. Lower Appellate Court's Remand Under Order 41 Rule 23 CPC Upheld as Proper Exercise of Power to Prevent Failure of Justice....

The case involves a property dispute over land Survey No. 50 admeasuring 26 acres 4 gunthas situated at village Asadullabag. The original plaintiff, Kumwardevi (since deceased, represented by legal he...

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Bombay High Court Allows Appeal, Sets Aside Remand Order in Easement and Nuisance Dispute Over Waste Water Discharge. The appellate court's casual exercise of remand power under Order XLI Rule 23 CPC was held unjustified when the trial court had already decided ownership and the respondents' easement plea implicitly accepted that ownership....

The dispute originated from a suit filed by the appellant (original plaintiff) and respondent Nos. 3 to 5 (original plaintiffs) against respondent Nos. 1 and 2 (original defendants) concerning the dis...