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Bombay High Court Dismisses Challenge to Pre-deposit Condition Under SARFAESI Act — Upholds Constitutional Validity of Section 18 Provisos. The court held that the legislature may condition the right of appeal and the provisions are not discriminatory compared to the RDB Act.

The petitioners, National Polymers and others, challenged an order dated 6 April 2011 of the Debts Recovery Appellate Tribunal directing them to depos...

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Bombay High Court Allows Appeal in Industrial Dispute Case — Termination of Workmen Held Illegal for Non-Compliance with Section 25-F of Industrial Disputes Act, 1947. Employer Failed to Prove Abandonment of Service by Workmen, and Reinstatement with Back Wages Upheld.

The appellant, M/s. Indo-European Breweries Ltd, filed a Letters Patent Appeal against the order of the learned Single Judge in Writ Petition No. 3212...

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Bombay High Court Dismisses Employer's Petition Challenging Industrial Court Order on Unfair Labour Practice. Circular Raising Retirement Age from 58 to 60 Years for Seasonal Employees Held Applicable to Respondent Employee Under Item 9 of Schedule IV of MRTU & PULP Act, 1971.

The petitioner, Maharashtra Rajya Sahakari Kapus Utpadak Panan Mahasangh Maryadit, Jalgaon Zone, challenged the judgment and order dated 31/08/2001 of...

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Bombay High Court Allows Petition and Quashes Criminal Proceedings in Municipal Notice Case — Lack of Delegation of Powers Under Mumbai Municipal Corporation Act. Notice Issued by Assistant Engineer Without Authorization from Commissioner Held Invalid Under Section 381 of the Act.

The petitioner, Kishanlal Udaylal Jain, through his power of attorney holder, filed a Criminal Writ Petition under Article 227 of the Constitution of ...

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Bombay High Court Dismisses Petitions of Lecturers Challenging Termination by Unaided Private Engineering College. Termination of Probationers for Unsatisfactory Performance Does Not Amount to Retrenchment Under Industrial Disputes Act, 1947, and Is Not an Unfair Labour Practice Under MRTU & PULP Act, 1971.

The judgment concerns three writ petitions filed by lecturers (Sudhakar Shivaram Teke, Prof. S. S. Rayamane, and Udaykumar Govindrao Gurlhosur) agains...

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Bombay High Court Dismisses Builder's Appeal in Property Tax Assessment Dispute — Slum Rehabilitation Scheme Does Not Entitle Exemption from Property Tax Under Mumbai Municipal Corporation Act, 1888.

The appeal was filed by Akruti Nirman Pvt. Ltd. and its Managing Director, Shri Vyomesh M. Shah, challenging the order of the Additional Chief Judge o...

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Bombay High Court Dismisses Complainant's Challenge Against Discharge of Accused in Import Export Act Case. Complaints under Section 5 of Import and Export (Control) Act, 1947 were not maintainable as the Act stood repealed and complaints lacked valid sanction.

The Deputy Chief Controller of Import & Export, Mumbai, filed separate complaints against various accused before the Metropolitan Magistrate, 19th Cou...

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Bombay High Court Dismisses Petition Challenging Industrial Court Order in Unfair Labour Practice Complaint. Petitioner failed to establish employer-employee relationship with respondent company as he was engaged through a contractor.

The petitioner, M.G. Bhide, filed a complaint before the Industrial Court at Pune under the Maharashtra Recognition of Trade Unions and Prevention of ...