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Bombay High Court Quashes Compulsory Retirement of Municipal Employee Before Age 58 — Violation of Service Regulations. Compulsory retirement at age 55 without following Regulation 25(3) of BMC Service Regulations, 1989 set aside as arbitrary and illegal.

The Petitioner, Smt. Yashoda Bapu Jadhav, was an employee of the Municipal Corporation of Greater Mumbai (BMC). She was compulsorily retired at the ag...

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Supreme Court Allows Appeal in Arbitration Appointment Case — Withdrawal of Section 11 Petition Does Not Bar Fresh Application Under IBC. Order 23 Rule 1 CPC Not Applicable to Arbitration Petitions; Section 9 IBC and Section 11 Arbitration Act Seek Different Reliefs.

The Supreme Court allowed the appeal filed by M/s HPCL Bio-Fuels Ltd. against the judgment of the Bombay High Court which had appointed a sole arbitra...

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Bombay High Court Dismisses Writ Petition Challenging Reversion from Contractual Higher Post to Substantive Lower Post. Officer holding substantive lower post cannot claim right to continue in higher contractual post after expiry of fixed tenure, as contractual appointment does not amount to promotion.

The petitioner, Umesh V. Pawar, was initially appointed as a Junior Engineer (Civil) with M/s. Haffkine Bio-Pharmaceutical Corporation Ltd., a governm...

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Supreme Court Quashes Compulsory Retirement Order of IRS Officer Due to Bias and Malice. Compulsory retirement under Rule 56(j) of Fundamental Rules, 1922, set aside as it was punitive, violated natural justice due to biased committee members, and disregarded clean service record.

The dispute involved an Indian Revenue Service officer challenging his compulsory retirement under Rule 56(j) of the Fundamental Rules, ordered three ...

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Bombay High Court Quashes Degree Cancellation for Violation of Natural Justice in MBA Admission Case. Institute's Failure to Provide Adequate Opportunity to Petitioner Before Cancelling Degree Based on Alleged Discrepancy in Entrance Exam Marks Renders Action Unlawful.

The petitioner, Shiva Dhawan, an MBA holder, filed a writ petition before the Bombay High Court challenging the order dated 30th July 2013 passed by r...

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Bombay High Court Restrains Encashment of Bank Guarantee in Arbitration Dispute Between Contractor and Sub-Contractor. Court finds that invocation of bank guarantee was fraudulent and would cause irretrievable injustice to the petitioner.

The petitioner, Simplex Infrastructure Limited, a civil and structural construction company, entered into a sub-contract with respondent No. 1, Siemen...

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Bombay High Court Dismisses Appeal Against Setting Aside of Arbitral Award Due to Limitation and Abandonment. Claims raised after 12 years from contract termination held barred by limitation under Article 137 of Limitation Act, 1963 and deemed abandoned under contract terms.

The appeal arose from a judgment of a learned Single Judge of the Bombay High Court setting aside an arbitral award dated 19 July 2007 that had grante...

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Bombay High Court Directs Absorption of Retrenched Staff from Derecognised Aided School Under MEPS Rules. Education Department Obligated to Consider Absorption of Surplus Staff in Other Aided Schools as per Rule 25A of Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981.

The petitioners were employees of a school run by respondent no. 4 society at Belora, which was derecognised. They sought a writ directing the Educati...