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Bombay High Court Upholds Detention of Defendant for Willful Disobedience of Injunction in Partition Suit — Sale of Property After Service of Injunction Order Constitutes Contempt Under Order XXXIX Rule 2-A CPC.

The case arises from a partition suit filed by respondent no.1 (original plaintiff) seeking 1/5th share in suit property claimed to be joint family pr...

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Bombay High Court Dismisses Employee's Petition Challenging Departmental Inquiry During Pendency of Criminal Case. Held that departmental inquiry can proceed simultaneously with criminal trial as standards of proof differ, and no automatic stay arises from registration of criminal case.

The petitioner, Ramesh Sonawane, a Junior Manager with Maharashtra State Electricity Distribution Company Ltd., was involved in a criminal case under ...

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Bombay High Court Dismisses Contempt Petition Against Shareholders for Alleged Scandalous Allegations in Legal Proceedings. Filing of false cases does not constitute criminal contempt unless it scandalizes the court or impedes administration of justice under Section 2(c) of Contempt of Courts Act, 1971.

The petitioner, Housing Development Finance Corporation Limited (HDFC), filed a contempt petition against respondent shareholders Sureshchandra V. Par...

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High Court of Bombay at Goa Dismisses Revenue Appeals and Allows Assessee Appeals in Customs and Excise Classification Dispute. Classification of goods under Customs Tariff and Central Excise Tariff determined based on technical literature and expert opinion, rejecting revenue's reclassification.

The judgment involves multiple appeals filed by the Commissioner of Customs & Central Excise and by M/s Twenty First Century Wire Rods Ltd. The core i...

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Bombay High Court Dismisses Restoration of Contempt Petition Due to Insufficient Cause and Legal Bar. Contempt proceedings once dropped cannot be restored under the Contempt of Courts Act, 1971.

The applicant, Priti Karmarkar, filed an application for restoration of Contempt Petition No.102 of 2005, which had been dismissed for want of prosecu...

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Bombay High Court Quashes Permanent Cancellation of College Recognition for Violation of Natural Justice. Show Cause Notice and Final Order Must Be Passed by Same Authority Under Section 38 of Maharashtra Animal and Fishery Sciences University Act, 1998.

The petitioners, a Public Trust and a College run by it, challenged the order dated 25.10.2012 permanently cancelling the recognition granted to the p...

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Bombay High Court Dismisses Employer's Petition Challenging Interim Reinstatement Order in Unfair Labour Practice Case. Labour Court's Direction to Reinstate Workman with Full Wages Pending Complaint Upheld as Proper Exercise of Power Under Section 30(2) of MRTU & PULP Act.

The petitioner, Mahindra & Mahindra Limited, challenged an order of the Industrial Court, Mumbai dated 25th October 2005, which dismissed its revision...

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Bombay High Court Upholds Labour Court Award of Reinstatement with Backwages for Termination Without Enquiry. Violation of Sections 25F and 25G of Industrial Disputes Act, 1947 Found as Employee Was Not Given Notice or Compensation and Principle of Last Come First Go Was Not Followed.

The case involves a challenge by the petitioners (the Principal of Industrial Training Institute, Khamgaon, and the Joint Director of Vocational Educa...

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Bombay High Court Dismisses Management's Petitions in Teacher Termination Case. Repeated Denovo Enquiries After Quashing for Non-Compliance of MEPS Rules 36 and 37 Are Not Permissible.

The case involves two writ petitions filed by the Head Master (brother of the President) and the President of an educational institution challenging t...