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Bombay High Court Allows Second Appeal in Partition Suit, Sets Aside Appellate Decree for Non-Compliance with Order 41 Rule 31 CPC. The First Appellate Court's judgment reversed the Trial Court's decree without framing points for determination or discussing evidence, rendering it unsustainable.

The present Second Appeal was filed by the original defendants (appellants) against the judgment and decree dated 04/07/2005 passed by the learned 2nd...

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Bombay High Court Addresses Interim Applications in Redevelopment Contract Dispute Between Developer and Partner. The Court Examines Injunctions Against Termination and Alienation of Property Under the Specific Relief Act.

The plaintiff, Shapoorji Pallonji & Company Ltd., a company incorporated under the Companies Act, 1913, filed Suit No. 1512 of 2009 before the Bombay ...

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Supreme Court Dismisses Appeal in Criminal Complaint Case for Lack of Jurisdiction Under Section 195 CrPC. Private Complaint Not Maintainable for Offences Under Sections 191-192 IPC Committed in Judicial Proceedings.

The case arises from two criminal complaints filed by M/s Bandekar Brothers Pvt. Ltd. and another against Prasad Vassudev Keni and others under Sectio...

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Bombay High Court Upholds Labour Court Award of Reinstatement with Back Wages for Termination of Probationer Without Inquiry. Automatic Termination Clause in Appointment Letter Held Invalid as Termination Was Stigmatic and Required Domestic Inquiry Under Industrial Disputes Act, 1947.

The petitioner, WIKA Instruments India Pvt. Ltd., challenged the judgment and award of the Labour Court dated 14 November 2011, which held that the te...

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Bombay High Court Restrains Government from Terminating Salt Land Lease Without Proper Notice and Hearing. Lease Termination Order Set Aside for Violation of Principles of Natural Justice and Non-Compliance with Section 106 of the Transfer of Property Act, 1882.

The plaintiff, Vikas Kamalakar Walawalkar, filed a suit seeking a declaration that the termination of lease/grant of salt land by the Deputy Salt Comm...

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Bombay High Court Hears Writ Petition Challenging Disqualification of Municipal Councillors under Maharashtra Municipal Councils Act, 1965. The Minister's order was impugned on grounds of non-application of mind, lack of statutory violation, and absence of malafide intent.

The writ petition was filed by ten elected members of the Katol Municipal Council, including the President, ex-President, and councillors, challenging...

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Bombay High Court Allows Petition by Employer Challenging Labour Court Award of Reinstatement with Full Back Wages. Termination of Employee Held to be Voluntary Resignation Based on Relieving Letter and Absence of Coercion.

The petitioners, M/s. S.K.International (a partnership firm) and its partner Chirag Kenia, challenged an Award dated 12 July 2022 passed by the Labour...

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Bombay High Court Delivers Oral Judgment on Quashing of FIR in EPF Dues Under-Assessment Case — Court Examines Scope of Power Under Article 226 and Section 482 CrPC, Citing R.P. Kapur and Bhajan Lal Precedents

The petitioner, a Regional Provident Fund Commissioner, had passed an assessment order under Section 7A of the Employees' Provident Funds and Miscella...

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Bombay High Court Allows Recovery of Licence Fees and Mesne Profits in Hoarding Advertisement Dispute. Plaintiff partnership firm entitled to arrears and future compensation for defendant's continued use of hoarding sites after termination of licence.

The plaintiff, a partnership firm registered under the Indian Partnership Act, carried on business of acquiring sites, erecting hoardings, and permitt...