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Bombay High Court Allows Employer's Writ Petition Challenging Rejection of Preliminary Objection in Industrial Dispute - Settlement Bars Reference. The Court held that the existence of a binding settlement must be decided as a preliminary issue before proceeding with the main matter....

The petitioner, Siemens Ltd., an employer, challenged an order dated 26.10.2009 passed by the Industrial Tribunal, Thane, which rejected its application to decide a preliminary issue. The employer had...

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Bombay High Court Quashes Industrial Court's Interim Order Directing Employees to Deposit VRS Amount in Dispute Over Difference in Scheme Benefits. Held That Once VRS Is Accepted and Dispute Is Only About Differential Amount, Interim Direction to Deposit Full Amount Received Is Inconsistent with the Claim and Unwarranted....

The petitioner, a cooperative milk processing society, challenged an interim order passed by the learned Member of the Industrial Court in four complaints filed by the respondents (employees). The res...

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Bombay High Court Quashes Disqualification of Sarpanch for Failure to Hold Gram Panchayat Meetings — Procedural Violation Found in Ex-Parte Order. Additional Collector's order set aside as no notice or opportunity of hearing was given to the petitioner before declaring her disqualified under Section 7 read with Section 76 of the Bombay Village Panchayat Act, 1958....

The petitioner, Sow. Pratibha w/o Sanjay Hulle, was the elected Sarpanch of Village Grampanchayat Waigaon. An application was received by the Additional Collector, Latur on 7 July 2009 alleging that t...

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Bombay High Court Allows Revision, Discharges Attesting Witnesses in Double Murder and Forgery Case — No Prima Facie Case for Abetment or Conspiracy. Attesting witnesses who signed a forged Will on false representation without knowledge of forgery cannot be tried for murder or forgery under Section 319 CrPC....

The case arises from a double murder and forgery trial in Sessions Trial No.76/2004. The principal accused, Shripad Dattatray Mande and Damodhar Konduji Ingale, were charged with murdering Purushottam...

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Bombay High Court Upholds Labour Court Award in Industrial Dispute — Reinstatement with 50% Back Wages for Illegal Termination. Services Rendered at Different Units of Same Employer Counted Together for Computing 240 Days Under Section 25F of Industrial Disputes Act, 1947....

The petitioner, Maharashtra State Power Generation Company Limited, challenged an award of the First Labour Court, Nagpur, which directed reinstatement of respondent No.1 (workman) with 50% back wages...

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Bombay High Court Dismisses Employer's Petition Challenging Industrial Court Order Granting Permanency to Workmen. Employer Failed to Prove Compliance with Section 25-F of Industrial Disputes Act, 1947, and Workmen Had Completed 240 Days of Service....

The petitioner, Raymond UCO Denim Private Ltd., challenged the order dated 1.1.2009 passed by the Industrial Court, Yavatmal in ULP Complaint No.27 of 2007. The Industrial Court had allowed the compla...

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Bombay High Court Allows Wife's Appeal Against Divorce Decree in Cruelty Case — Marriage Not Irretrievably Broken Due to Lack of Evidence of Cruelty. Husband Failed to Prove Mental Cruelty Under Section 13(1)(ia) of Hindu Marriage Act, 1955 as Allegations of Quarrels and Insults Were Vague and Unsubstantiated....

The case involves a second appeal filed by the wife, Dr. Lalita Deonath Nimje, against the judgment and decree of the District Judge dissolving her marriage with the husband, Dr. Deonath Gopichand Nim...

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Bombay High Court at Goa Dismisses Defendants' Writ Petition in Suit for Possession and Mesne Profits — Issues of Mundkarship and Tenancy Not Referable to Mamlatdar as They Are Not Substantial and Triable by Civil Court....

The case involves a suit for possession and mesne profits filed by the plaintiffs (respondents) against the defendants (petitioners) in respect of a property in Goa. The suit property originally belon...

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Bombay High Court Dismisses Revision Against Rejection of Leave to Defend in Summary Suit. Defendant Failed to Disclose Triable Issue or Bona Fide Defence Under Order 37 CPC....

This Civil Revision Application was filed by the original respondent (defendant) against an order dated 23rd July 2009 passed by the learned Judge of the City Civil Court, Bombay, rejecting the defend...

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Bombay High Court Quashes Reassessment Notices in Sales Tax Case Due to Lack of Reasonable Belief — Reopening Based on Mere Suspicion and Incomplete Information Held Invalid Under Section 35 of Bombay Sales Tax Act, 1959 and Rule 9A of Central Sales Tax (Bombay) Rules, 1957....

The petitioners, Shree Venkateshwara Petro Chemicals Pvt. Ltd. and another, filed a writ petition under Article 226 of the Constitution of India challenging two notices both dated 14.02.2008 issued by...