Bombay High Court

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Bombay High Court Grants Interim Relief Under Section 9 of Arbitration Act in Support of LMAA Arbitration — Respondent Directed to Furnish Bank Guarantee for Admitted Demurrage Liability. The court held that where liability is admitted and payment is defaulted, the petitioner is entitled to security pending arbitration....

The petitioner, Norvic Shipping Asia PTE Limited, filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking interim protection in support of arbitration proceedings pendi...

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Bombay High Court Allows Arbitration Application Under Section 11 of Arbitration and Conciliation Act, 1996 — Appointment of Arbitrator for Partnership Dispute. Court finds existence of arbitration clause in partnership deed and refers parties to arbitration despite dispute over dissolution....

The applicant, Mr. Palwinder Singh Samra, filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of an arbitrator to resolve disputes arising out of a...

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Bombay High Court Considers Whether Official Assignee Can Adjudicate Claims Without a Pre-existing Decree Under Presidency-Towns Insolvency Act, 1909. Legal Question Framed for Determination Concerning the Scope of the Official Assignee's Adjudicatory Powers Under Sections 6, 46, and 48 of the Presidency-Towns Insolvency Act, 1909....

The matter arose out of two insolvency petitions where a creditor lodged a claim with the official assignee. The official assignee took the position that only a claim adjudicated by a court or compete...

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Bombay High Court Upholds Condonation of Delay in Consumer Complaint Under Article 227 — Liberal Approach Required When Complaint Was Filed Before Wrong Forum Due to Jurisdictional Error. The court held that the period spent before the wrong forum must be excluded and a liberal approach is warranted in consumer matters....

The petitioner, Godrej Projects Development Ltd., challenged an order of the State Consumer Disputes Redressal Commission, Maharashtra, which dismissed its revision petition against the District Commi...

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Bombay High Court Quashes Externment Order Against Political Party Secretary for Lack of Subjective Satisfaction. Section 56 Maharashtra Police Act Externment Cannot Be Used to Suppress Political Dissent Without Evidence of Threat to Public Order....

The petitioner, Saeed Ahmad Abdul Wahid Chaudhary, is the Secretary of the Social Democratic Party of India (SDPI), a political party registered under Section 29A of the Representation of the People A...

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Bombay High Court Dismisses Petition Seeking DACP Benefits for NPCIL Employees — Pay Commission Recommendations Not Binding on Public Sector Undertakings. The court held that NPCIL, as a PSU, is not obligated to implement the Dynamic Assured Career Progression Scheme recommended by Central Pay Commissions....

The petitioners, employees of the Nuclear Power Corporation of India Limited (NPCIL), filed a writ petition under Article 226 of the Constitution of India seeking a mandamus to direct NPCIL to impleme...

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Bombay High Court Dismisses Petition Seeking De-Registration of Cooperative Housing Society Registered 45 Years Ago. Court holds that post-registration events cannot be grounds for de-registration under the Maharashtra Co-operative Societies Act, 1960....

The case involves a rather unusual circumstance where the director of the Petitioner-company has sued himself in connection with proceedings for de-registration of a cooperative housing society. The d...

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Bombay High Court Allows Retiral Benefits to Retired Employee Despite Invalidated Tribe Claim — Pensionary Benefits Cannot Be Withheld for Invalid Caste Claim After Superannuation. The court held that the right to pension is a right earned by past service and cannot be forfeited after retirement under Rule 27 of the Maharashtra Civil Services (Pension) Rules, 1982....

The petitioner, Ramesh s/o Mahadeorao Ukande, was appointed as an Observer in the India Meteorological Department on 19.11.1986 against a post reserved for Scheduled Tribe category. He continued in se...

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Bombay High Court Quashes Appointment of Registrar and Deputy Registrar of Maharashtra Nursing Council for Violation of Statutory Rules. Appointment of Respondent No.3 as Registrar and Respondent No.4 as Deputy Registrar set aside for non-compliance with Rule 5 of the Maharashtra Nursing Council (Election and Appointment) Rules, 2019....

The judgment concerns two writ petitions challenging the appointments of the Registrar and Deputy Registrar of the Maharashtra Nursing Council. The petitioner in WP/12563/2022, an elected member of th...

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Bombay High Court Disposes of Petition Challenging MIDC Notices as Infructuous — Possession of Open Space Already Taken. Writ Petition Becomes Infructuous When Possession of Disputed Property is Already Taken by the Authority, Petitioner May Seek Alternative Remedy....

The petitioner, M/s Radhe Radhe Roses through its proprietor Sau. Leela Anil Agrawal, filed a writ petition before the Bombay High Court, Bench at Aurangabad, seeking quashing of notices dated 25.01.2...