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Bombay High Court Dismisses Petition Challenging Withdrawal of Suit with Liberty to File Fresh Suit Under Order XXIII Rule 1 CPC. Trial Court's Discretion Upheld as No Abuse of Process Found — Plaintiff Permitted to Withdraw Suit for Declaration and Injunction Due to Formal Defects, Subject to Costs.

The petitioner, Ahemadbee Ashrafmiya Shaikh, was the original defendant No. 2 in Regular Civil Suit No. 26 of 2005 filed by respondent No. 1, Yusuf Fa...

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Bombay High Court Allows Employer's Petition in Unfair Labour Practice Case Due to Denial of Termination. Employer's Affidavit Stating No Termination Occurred Renders Complaint Under Item 1 of Schedule IV of MRTU and PULP Act, 1971 Infructuous.

The petitioner, M/s Satish Motors Limited, challenged an order of the Labour Court directing it to deposit three months' wages in a complaint filed by...

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Bombay High Court Dismisses Petitions of Assistant Teachers Challenging Termination, Upholds School Tribunal's Decision. Termination for Unauthorized Absence and Abandonment of Service Upheld as Management's Action Not Vitiated by Procedural Irregularities.

The judgment pertains to three writ petitions filed by assistant teachers challenging their termination from service by the school management. The pet...

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Bombay High Court Dismisses Appeal and Revision by Corporation Against Arbitral Award in Contract Dispute. Court Upholds Award of Interest and Costs Under Arbitration Act, 1940, Finding No Ground for Interference Under Section 30 or Section 115 CPC.

The appellant, Maharashtra Krishna Valley Development Corporation, a corporation incorporated under the Maharashtra State Krishna Valley Development C...

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Bombay High Court Dismisses Employee's Writ Petition Challenging Labour Court Award in Termination Dispute. Labour Court's finding that employee abandoned employment upheld as possible view based on evidence.

The petitioner, an employee of Trimourti Moulds Pvt. Ltd., challenged the Labour Court's award dated 29.03.2008 in Reference IDA No. 68 of 1999, which...

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Bombay High Court Upholds Reinstatement of Anganwadi Sevika with Full Back Wages in Termination Dispute. Industrial Court's Revision Order Restoring Continuity and Back Wages Upheld as Termination Found Unjustified Under Industrial Disputes Act, 1947.

The petitioners, the Zilla Parishad and the Child Development Project Officer, challenged the judgment of the Industrial Court dated 17/09/2013 in Rev...

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Bombay High Court Dismisses Appeal by Videocon Industries Against Winding Up Order for Non-Payment of Guarantee Debt to Italian Bank. Patronage Letter Held to Be a Guarantee Under Indian Contract Act, 1872, and Claim Not Time-Barred.

The case involves an appeal by Videocon Industries Limited against an order of the Company Judge directing payment of Rs.259.73 crores to Intesa Sanpa...

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Bombay High Court Upholds Reinstatement and Back Wages for Employee Terminated Without Notice in Unfair Labour Practice Case. Employer's Failure to Prove Abandonment of Service and Non-Compliance with Section 25F of Industrial Disputes Act, 1947 Renders Termination Illegal.

The case involves a writ petition filed by Goodlass Nerolac Paints Limited under Article 226 of the Constitution of India challenging an award of the ...

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Bombay High Court Dismisses Workman's Writ Petition Challenging Labour Court Award in Industrial Dispute. Termination for Abandonment of Service Not Retrenchment Under Section 2(oo) of Industrial Disputes Act, 1947.

The petitioner, a workman, challenged an Award dated 21st March, 1998 passed by the First Labour Court at Mumbai in Reference (IDA) No.919 of 1988 and...

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Bombay High Court Allows Petition Under Section 11 of Arbitration Act to Appoint Arbitrator Despite Alleged Non-Payment of Stamp Duty on Agreement. Court holds that stamp duty is a fiscal matter and not a bar to appointment of arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996.

The petitioner, Lloyds Realty Developers Limited, filed a petition under Section 11 of the Arbitration and Conciliation Act, 1996 seeking appointment ...