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Bombay High Court Dismisses Petition by Maharashtra Industrial Development Corporation Challenging Reinstatement Order. Employer-Employee Relationship Established Despite Contractor System, Termination Held Unfair Labour Practice Under MRTU & PULP Act.

The petitioner, Maharashtra Industrial Development Corporation, challenged the order of the Industrial Court dated 17/9/1999, which reversed the Labou...

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High Court of Judicature at Bombay Upholds Arbitral Award in Favor of Oil Corporation in Kerosene Supply Contract Dispute. Arbitrator Had Rejected Limitation Defense Under Contractual Clause and Held Clause Not Void Under Section 28 of Indian Contract Act.

The matter arose from an arbitration petition under Section 34 of the Arbitration and Conciliation Act, 1996, filed by the original respondent in the ...

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High Court of Bombay Dismisses Petition under Section 34 of Arbitration Act and Confirms Arbitral Award in Contract Dispute; Appeal Under Section 37 Arises. Single Judge's Order Upholds Award Holding Breach of Contract by Not Supplying DTC Lists

The appeal under section 37 of the Arbitration and Conciliation Act, 1996 was filed by Maharashtra State Electricity Board (MSEB)/Maharashtra State El...

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Bombay High Court Reviews Preventive Detention Under COFEPOSA Act for Alleged Smuggling of Red Sanders. Questions Raised Over Violation of Right to Equal Representation and Proper Subjective Satisfaction.

The petition was filed by the wife of the detenu Ajit Bapu Satam, challenging his preventive detention under the Conservation of Foreign Exchange and ...

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Court Considers Maintainability of Commercial Appeal in Summary Suit Under Commercial Courts Act — Order on Summons for Judgment Challenged as 'Judgment' Under Section 13(1A). Transitional Provisions and Assignment Orders Examined for Pending Suits Transferred to Commercial Division.

The Commercial Appeal arose from an order passed by a learned Single Judge of the Commercial Division of the Bombay High Court in Summons for Judgment...

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Bombay High Court Dismisses Petition Challenging Rejection of Caveat in Execution Proceedings — Caveat Under Section 148A CPC Not Maintainable After Execution Application Is Filed. Court Holds That Assignee Decree-Holder Can Execute Decree Without Notice to Judgment-Debtor Under Order 21 Rule 16 CPC.

The petitioners, who are judgment-debtors in a pending execution application, filed a caveat under Section 148A of the Code of Civil Procedure, 1908 (...

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Bombay High Court Allows Appointment of Receiver in Execution Under Section 51(d) CPC Despite Property Being Outside Territorial Jurisdiction. Section 39(4) CPC Does Not Bar Appointment of Receiver as It Is an Independent Mode of Execution.

The case involves a Chamber Summons filed by the decree-holders, Vistra ITCL (India) Limited and IIRF Holdings III Limited, in an execution applicatio...

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Bombay High Court Allows Appeal Against Rejection of Section 9 Application in Arbitration Dispute Over Barge Sale Agreement. Jurisdictional Objection Must Be Decided Before Granting or Refusing Interim Relief Under Section 9 of Arbitration and Conciliation Act, 1996.

The appellant, M/s. Prince Marine Transport Services Pvt. Ltd., filed an appeal under Section 37 of the Arbitration and Conciliation Act, 1996 against...