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Bombay High Court Dismisses Judgment Debtor's Writ Petition Challenging Execution of Possession Decree in Landlord-Tenant Dispute. Repeated objections to execution of decree for possession of two rooms rejected as abuse of process under Order 21 Rule 35 of Code of Civil Procedure, 1908.

The petitioner, Warna Valley Sahkari Kharedi Vikri Society Limited, was the tenant of the respondents in a suit property. The respondents filed Regula...

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Bombay High Court Dismisses Zilla Parishad's Second Appeal in Land Encroachment Suit — Confirms Decree for Possession. Suit Not Barred by Limitation Under Article 112 of Limitation Act, 1963 as Government Body is Not a 'Government' for Purposes of That Article.

The respondent, Shrirang Wadguji Wanjari, purchased land including Survey No.34/2003 via a registered sale deed dated 23 December 1986. He alleged tha...

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Bombay High Court Partly Allows Arbitration Petitions Challenging Award on Family Settlement MOU — Upholds Arbitrator's Findings on Interpretation of MOU Clauses but Sets Aside Award on Certain Claims as Beyond Scope of Reference.

The judgment arises from two arbitration petitions under Section 34 of the Arbitration and Conciliation Act, 1996, challenging a sole arbitrator's awa...

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Bombay High Court Dismisses Municipal Council's Challenge to Industrial Court's Order Granting Permanency to Daily Wage Workers. Regularization of daily wagers upheld as Industrial Court had jurisdiction to grant permanency under MRTU & PULP Act, 1971.

The Municipal Council of Osmanabad filed three writ petitions challenging identical judgments dated 11.1.1996 passed by the Industrial Court in Compla...

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Bombay High Court Allows Appeal in Partition Suit — Dispute Over Agricultural Land Between Brothers. Court Holds That a Suit for Partition Is Not Barred by Limitation When the Plaintiff Is in Joint Possession and the Property Is Ancestral.

The appellant, Shivaji Gopal Kurhade, filed a suit for partition and separate possession of ancestral agricultural land against his brothers and their...

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NCLAT Allows Appeal in IBC Case Due to Unrebutted Averments — Respondent's Statement at Bar Not to File Counter Leads to Admission of Appellant's Pleadings. The principle from Naresh Kumar Bansal v. G.S. Kalra & Ors., 1993 (25) DRJ 230 applied where respondent declined to file counter affidavit.

The National Company Law Appellate Tribunal (NCLAT) at Chennai was hearing an appeal under the Insolvency and Bankruptcy Code, 2016. The appellant, Mr...

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Bombay High Court Dismisses Revision Against Order Rejecting Objection to Territorial Jurisdiction in Service Termination Suit. Plaintiff's Cause of Action Arose at Nagpur Where She Worked and Was Terminated, Conferring Jurisdiction on Nagpur Courts Under Section 20(c) CPC.

The respondent/plaintiff, Mrs. Archana Dongre, was employed as a Relationship Manager with HDFC Bank Limited at its Nagpur branch. Her services were t...

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High Court of Karnataka Dismisses Management's Petition Challenging Labour Court Award of Reinstatement with Backwages for Retrenched Workmen. Retrenchment Held Invalid for Non-Compliance with Section 25-F of Industrial Disputes Act, 1947 as Workmen Had Completed 240 Days of Service.

The petitioner, Management of Bosch Ltd., challenged the award of the Labour Court dated 30.11.2018 in AID No. 1/2014, which directed reinstatement of...