Bombay High Court

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Bombay High Court Dismisses Employer's Petition Challenging Reinstatement Order in Unfair Labour Practice Case. Employer failed to prove voluntary resignation through E-portal; reinstatement with full back wages upheld under MRTU & PULP Act....

The Petitioner, Reliance Integrated Services Pvt. Ltd., challenged the orders of the Labour Court and Industrial Court directing reinstatement of the Respondent, Satyananda Mohanty, with full back wag...

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Bombay High Court Allows Petition in Gratuity Dispute — Sets Aside Industrial Court Order Denying Gratuity. Employee's Continuous Service of 30 Years Entitles Him to Gratuity Under Section 4 of Payment of Gratuity Act, 1972 Despite Employer's Claim of Abandonment....

The Petitioner, Noor Mohammed Abdul Rehman Mulla, a retired employee, challenged the judgment and order dated 26 March 2021 passed by the Industrial Court, Mumbai in Appeal No.55 of 2019. The Industri...

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Bombay High Court Allows Writ Petition in Income Tax Case — Fees for Technical Services Rendered Outside India Not Taxable. Court holds that fees for technical services rendered entirely outside India do not accrue or arise in India and are not deemed to accrue or arise under Section 9(1)(vii) of the Income Tax Act, 1961....

The petitioner, Grasim Industries Ltd., set up a gas-based sponge iron plant in India and entered into a Foreign Technical Collaboration Agreement dated 22nd October 1989 with Davy Mckee Corporation (...

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Bombay High Court Allows Plaintiff's Application for Appointment of Court Receiver in Commercial Suit for Specific Performance — Defendant Failed to Demonstrate Prima Facie Case for Vacation of Injunction. Court held that the plaintiff had made out a strong prima facie case for appointment of Receiver to protect the suit property pending disposal of the suit....

The plaintiff, Sanjay Madhusudhan Mehra, filed a Commercial Summary Suit No. 68 of 2021 against the defendants, M/s. Ahuja Properties and Associates and its partners, seeking specific performance of a...

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Bombay High Court Dismisses Commercial Summary Suit for Failure to Take Out Writ of Summons and Summons for Judgment Within One Year of Filing. Plaintiff's Delay in Serving Process Leads to Dismissal Under Order XXXVII Rule 2 and Section 16 of Commercial Courts Act, 2015....

The plaintiff, Hikal Limited, filed a Commercial Summary Suit (CSS) against the defendant, Paxchem Limited, on 28 September 2021. The suit was filed under Order XXXVII of the Code of Civil Procedure, ...

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High Court of Bombay Answers Reference on Applicability of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Bench Composition for Section 14-A Appeals. Reference Arises from Multiple Criminal Appeals Concerning Bail Orders in Atrocities Act Cases....

Background: The High Court of Bombay was seized of multiple criminal appeals arising under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The appeals involved challeng...

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Bombay High Court Allows Summary Suit for Recovery of Professional Fees by Chartered Accountant. Plaintiff entitled to decree under Order XXXVII CPC as defendants failed to obtain leave to defend....

The plaintiff, a Chartered Accountant, filed a summary suit under Order XXXVII Rule 2 of the Code of Civil Procedure, 1908 against the defendants for recovery of professional fees amounting to Rs. 1,2...

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Bombay High Court Dismisses Commercial Suit for Specific Performance Due to Non-Disclosure of Cause of Action and Lack of Readiness and Willingness. Plaintiff failed to prove readiness and willingness to perform her part of the agreement and did not disclose a valid cause of action for specific performance of an agreement to sell....

The plaintiff, Miloni Shah, filed a Commercial Suit seeking specific performance of an agreement to sell dated 15th March 2019, allegedly entered into with the defendants for the purchase of a flat. T...

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Bombay High Court Allows Appeal Against Rejection of Application to Set Aside Ex Parte Decree — Remands for Fresh Consideration on Merits. Trial Court's Failure to Consider Sufficient Cause Under Order IX Rule 13 CPC Constitutes Failure to Exercise Jurisdiction....

The appeal arises from an order dated 15 November 2021 passed by the City Civil Court, Bombay, rejecting Notice of Motion No.3946 of 2019 filed by the Appellant, Gajanan Chintaman Gujar, who was defen...