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Bombay High Court Upholds Industrial Court's Reinstatement Order in Unfair Labour Practice Case — Domestic Inquiry Found Vitiated for Non-Supply of Documents. The court directed reinstatement with full back wages and continuity of service under the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971....

The case involves a writ petition filed by Welcomegroup Searock, a five-star hotel, challenging a revisional order of the Industrial Court at Mumbai. The dispute arose from the termination of an emplo...

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  • 102
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Bombay High Court Dismisses Second Appeal in Partition Suit — Joint Family Property Character Upheld Despite Sale by Sole Surviving Coparcener. Adoption Does Not Convert Joint Family Property into Self-Acquired Property; Purchaser Fails to Prove Bonafide Purchase Without Notice....

The case involves a second appeal arising from a suit for partition filed by Respondent Nos.1 to 3 (original Plaintiffs) against Respondent No.4 (Sidhu) and the Appellant (purchaser). The suit propert...

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  • 240
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Bombay High Court Upholds Arbitral Award in Municipal Corporation Dispute Over Development Rights. Court holds that Transferable Development Rights (TDR) are not 'goods' under the Sale of Goods Act, 1930, and that the Corporation's failure to issue TDR within a reasonable time constitutes breach of contract....

The case involves two appeals arising from an arbitration petition concerning a development agreement between the Municipal Corporation of Greater Mumbai (MCGM) and the respondents (Tripat Chamanlal O...

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  • 78
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Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Non-Application of Mind — Failure to Consider Detenu's Bail Status and Inadequate Verification of In-camera Statements. The court held that the detaining authority's subjective satisfaction was vitiated as it did not consider the detenu's bail status and the in-camera statements were not properly verified, violating Section 3(2) of the MPDA Act....

The petitioner, Viki Baban Galte, challenged a preventive detention order passed on 26 April 2016 by the Commissioner of Police, Pune, under Section 3(2) of the Maharashtra Prevention of Dangerous Act...

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  • 120
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Bombay High Court Allows Amendment in Debt Recovery Case: HDFC Bank Ltd. v. Ashapura Minechem Ltd. — Amendment Relates to Same Cause of Action, Not New Cause. The Court held that the proposed amendment to include additional amounts due under the same derivative transactions did not introduce a new cause of action and was necessary for determination of the real controversy....

The petitioner, HDFC Bank Ltd., filed an original application No. 29 of 2011 before the Debt Recovery Tribunal, Mumbai, under Section 19 of the Recovery of Debts Due to Banks and Financial Institution...

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  • 155
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Bombay High Court Dismisses Petition Seeking Renewal of Lease Under Article 226 — No Obligation on Collector to Renew Lease in Absence of Statutory or Contractual Right. Lease Renewal Claim Fails as Lease Deed Contained No Covenant for Renewal and Writ Jurisdiction Cannot Enforce Mere Contractual Right....

The petitioners, M/s Redstone Realtors and another, a firm engaged in property development, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court. They soug...

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  • 177
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High Court

Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Non-Application of Mind — Detenu's Bail in Criminal Cases Not Considered. The court held that failure to consider the detenu's bail status vitiates the subjective satisfaction required for preventive detention under Section 3(2) of the MPDA Act....

The petitioner, Viki Baban Galte, challenged a preventive detention order dated 26 April 2016 passed by the Commissioner of Police, Pune, under Section 3(2) of the Maharashtra Prevention of Dangerous ...

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  • 77
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High Court of Judicature at Bombay Quashes Labour Court Order and Reinstates Employee in Writ Petition. Dismissal Set Aside Due to Vitiated Enquiry and Perverse Findings Violating Principles of Natural Justice under Model Standing Orders....

The matter arose from an industrial dispute wherein the employee was dismissed after a disciplinary enquiry. The employee had been suspended on 8 September 2007, and on the same date, a charge-sheet c...

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  • 121
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Bombay High Court Allows Appeals Against Appointment of Court Receiver in Arbitration Dispute Over Mortgaged Properties. Court holds that appointment of receiver pending arbitration is permissible under Section 9 of the Arbitration and Conciliation Act, 1996, but the impugned order was passed without proper application of mind and without considering the balance of convenience....

The case involves two commercial appeals filed under Section 37 of the Arbitration and Conciliation (Amendment) Act, 2015, challenging a common order dated 13th December 2016 passed by a learned singl...

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  • 172
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Bombay High Court Allows Appeal Against Admission of Winding Up Petition Due to Bona Fide Counterclaim. Company's claim for damages exceeding admitted debt constitutes a substantial defence under Section 434 of the Companies Act, 1956....

The appellant, Prime Broking Company (India) Ltd., appealed against an order dated 28 June 2016 passed by the Company Judge admitting a winding up petition filed by the respondent, National Securities...

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensation Cases,...

Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Dispute — Upho...

Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Suit for Spec...

High Court Dismisses State's Writ Petition Against Tribunal's Order for Appointment of Exc...

High Court of Karnataka Quashes Enforcement Directorate Actions in Multiple Writ Petitions...

Supreme Court Upholds Conviction and Death Sentence in POCSO Case Due to Credible Testimon...

Supreme Court Dismisses Appeal Against High Court's Reversal of Trial Court's Decree on Wi...

Supreme Court Allows Appeal in Limitation Dispute Over Civil Works Contract. The Court fou...

Supreme Court Upholds Compulsory Retirement of Employees in Public Service — Validity of...

Supreme Court Upholds Eviction Process in Forest Areas While Ensuring Compliance with Fore...

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