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High Court of Karnataka Sets Aside Execution Orders in Arbitration Award Enforcement — Petitioner Granted Opportunity to File Objections. Court holds that execution court must consider objections under Section 47 CPC before ordering sale of judgment debtor's property.

The petitioner, Sri Ashish K. Philip, was the judgment debtor in execution proceedings arising out of an arbitration award in favor of the respondent,...

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Bombay High Court Allows Appeal by Employee in Wrongful Termination Case Against Standard Chartered Bank — Industrial Tribunal's Award Restored. Employee's Termination Held Illegal as Bank Failed to Prove Misconduct and Did Not Follow Principles of Natural Justice.

The appellant, Vandana Joshi, was appointed as Personal Financial Consultant by Standard Chartered Bank Ltd. on 2nd May 2006 on a permanent post with ...

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Bombay High Court Dismisses Teacher's Suit Challenging Resignation as Coerced — Resignation Voluntarily Tendered and Validly Accepted Under MEPS Act, 1977.

The plaintiff, a teacher at defendant No.2 school run by defendant No.1, tendered his resignation on 25th August 1993. The Principal accepted it the n...

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Bombay High Court Allows Tenant's Appeal in Eviction Suit by Trust — Notice of Termination Held Invalid for Non-Compliance with Section 36(2) of Bombay Tenancy Act. Tenant's Right to Purchase Land Under Section 38 of the Act Not Extinguished Due to Invalid Notice.

The respondent, Shri Gajanan Maharaj Sansthan, a public trust registered under the Bombay Public Trusts Act, owned agricultural land measuring 28 acre...

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Gujarat High Court Dismisses Employer's Challenge to Labour Court Award of Reinstatement with 30% Backwages for Workman. Termination of Daily Wager Without Compliance with Section 25F of Industrial Disputes Act, 1947 Held Illegal.

The judgment arises from two Special Civil Applications filed under Articles 14, 21, 226, and 227 of the Constitution of India read with the Industria...

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Gujarat High Court Upholds Labour Court Award of Reinstatement with Continuity and 30% Backwages for Workman in Industrial Disputes Act Case. Employer's Challenge Dismissed for Failure to Produce Evidence of Abandonment or Non-Completion of 240 Days Under Section 25F of Industrial Disputes Act, 1947.

The judgment arises from two Special Civil Applications filed under Articles 14, 21, 226, and 227 of the Constitution of India read with the Industria...

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Supreme Court Dismisses Employee's Appeal in Resignation Withdrawal Case Under Maharashtra Universities Act, 1994. Withdrawal of Prospective Resignation Barred by Implied Contract and Estoppel as Correspondence Showed Mutual Agreement Making Resignation Final and Binding.

The appeal arose from a dispute over the withdrawal of a prospective resignation submitted by an employee before its effective date. The appellant, an...

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Bombay High Court Sets Aside Arbitral Interim Order Restraining Non-Compete Beyond Contract Term. Arbitrator erred in treating Joint Venture Company as partnership and enforcing non-compete clause beyond its stipulated duration under Section 17 of the Arbitration and Conciliation Act, 1996.

The Commercial Arbitration Petition No.25 of 2021 was filed by Elster Instromet B.V. (Instromet) challenging an order dated 09/10/2020 passed by the A...

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Bombay High Court Dismisses Developer's Interim Application in Development Agreement Dispute — Prima Facie Case Not Made Out as Agreement Was Terminated for Non-Performance. Specific Performance Claim Requires Trial; No Irreparable Loss Shown.

The Plaintiffs, Shantilal J. Shah and others, filed a suit seeking a declaration that a Development Agreement dated 25th September 2007 and an Irrevoc...