Bombay High Court

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Bombay High Court Allows Writ Petition of Teacher Dismissed for Lack of Qualification, Holds Termination Void for Non-Compliance with Natural Justice and Section 5 of M.E.P.S. Act, 1977. Termination Order Issued Without Notice or Authority Set Aside, Petitioner Entitled to Reinstatement with Back Wages....

The petitioner, Smt. Mangala d/o Keshav Mule, was appointed as an Assistant Teacher on 01.06.1987 by the Manav Samaj Unnati Mandal, a private school. She had passed her SSC but had not completed her p...

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Bombay High Court Dismisses Petitions Seeking Renewal of Fuel Supply Agreements by Coal Consumers. Conditional Approval by Coal India Limited Does Not Create Enforceable Right to Renewal Under Article 226....

The petitioners, Vidarbha Industries Association and Soyabean Processors Association of India along with other industries, had entered into Fuel Supply Agreements (FSAs) with Western Coalfields Limite...

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Bombay High Court Quashes Termination of Lady Police Constable for Unauthorized Absence — Procedural Fairness Violated. Termination Order Set Aside as Disciplinary Authority Failed to Consider Petitioner's Medical Grounds and Conducted Inquiry Without Proper Opportunity of Hearing Under Article 311(2) of Constitution of India....

The petitioner, Sharda d/o Jayram Bhalerao, was appointed as a Lady Police Constable in the Maharashtra Police Force. She was terminated from service by an order dated 4th May 2009 issued by Responden...

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Bombay High Court Quashes Process Issued by Magistrate for Non-Compliance with Section 202 CrPC — Mandatory Inquiry Required When Accused Reside Outside Jurisdiction. The court set aside the order dated 12th January, 2015 and remanded the matter for fresh consideration after conducting the mandatory inquiry under Section 202 CrPC....

The applicants, eight individuals including Harish Ukey and others, filed a criminal application under Section 482 of the Criminal Procedure Code, 1973 before the Bombay High Court, Nagpur Bench, chal...

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Bombay High Court Allows Petition Challenging Acceptance of Nomination in Cooperative Society Election Due to Disqualification Under Byelaws. Failure to Pay Interest and Non-Compliance with Construction Obligations Under Byelaw 50(6) of the Society Justified Deletion of Candidate's Name from Valid Nominees List....

The petitioner, Damodar Shamrao Pande, filed a writ petition before the Bombay High Court at Nagpur challenging the acceptance of the nomination paper of respondent No.6, Arun Trimbakrao Gawande, for ...

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Bombay High Court Allows Compassionate Appointment Claim of Married Daughter Against Municipal Corporation's Ineligibility Declaration. Marriage of a daughter does not disentitle her from compassionate appointment under the Maharashtra Municipal Corporations Act, 1949, as the scheme does not impose any bar based on marital status....

The petitioner, Vijaya Ukarda Athor, daughter of late Ukarda Athor, a clerk in Amravati Municipal Corporation, challenged the order dated 18-09-2012 passed by the Municipal Corporation appointing resp...

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Bombay High Court Considers Infringement of Well-Known Mark 'Raymond' in Domain Name for Dissimilar Goods; Discusses Scope of Section 29(4) of Trade Marks Act, 1999. Domain Name 'raymondpharma.com' Not Found to Infringe 'Raymond' Mark Under Section 29(4) Due to Dissimilar Goods and Prior Litigation Bar....

The dispute arose from the Plaintiff Raymond Limited's claim that the Defendant Raymond Pharmaceutical Pvt. Ltd. infringed its well-known registered trade mark 'Raymond' by using it in the domain name...

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Bombay High Court Allows Winding Up Petition Against Company for Non-Payment of Debt. Debt of JPY 64,516,217 admitted by balance confirmation and part payment, no bona fide dispute raised under Section 433(e) of Companies Act, 1956....

The Petitioner, Manjiro Works, a proprietory concern in the business of supplying gaming machines, filed a Company Petition under Sections 433(e) and 434 of the Companies Act, 1956, seeking winding up...

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High Court Dismisses Petition Challenging Arbitral Tribunal's Jurisdictional Ruling in Contract Dispute — Novation of Contracts and Non-Assignment of Arbitration Agreement. The court held that the original contracts were novated by subsequent agreements, and the arbitration clause did not pass to the petitioner by merger, thus the tribunal lacked jurisdiction....

The petitioner, DLF Power Limited (now Eastern India Powertech Limited), filed a petition under Section 37 of the Arbitration and Conciliation Act, 1996, challenging an order dated 2nd February 2011 p...

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Bombay High Court Dismisses Arbitration Petition for Lack of Jurisdiction in Cotton Contract Dispute. Exclusive Jurisdiction Clause in Favor of Indore Courts Prevails Over Arbitral Seat at Mumbai....

The petitioner, M/s. Nomula Brothers, filed an Arbitration Petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral award dated 24th August 2012 passed by the l...