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Bombay High Court Quashes Termination of Contract in Municipal Tender Dispute — Unilateral Termination Without Notice and Opportunity of Hearing Violates Principles of Natural Justice. Contract Termination Set Aside as Arbitrary and Unreasonable Under Article 226 of the Constitution of India.

The petitioner, K.I.P.L. Vistacore Infra Projects J.V., a partnership firm, was awarded a contract by the Ichalkaranjee Municipal Council for a projec...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Development Agreement Dispute. Court upholds award of damages for delay in handing over possession and interest under Section 34 of Arbitration and Conciliation Act, 1996.

The petitioner, BASF India Ltd., entered into an agreement dated 5.3.2002 with the respondent, Landcom Properties Pvt. Ltd., under which the responden...

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Bombay High Court Dismisses Writ Petition Challenging Settlement Commission Order Under Section 245D(4) of Income Tax Act — No Jurisdictional Error Found in Rejecting Settlement Application for Non-Disclosure of Full Income.

The petitioner, Major Metals Ltd., filed a writ petition under Article 226 of the Constitution challenging an order dated 30 December 2010 passed by t...

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Bombay High Court Dismisses Suit for Specific Performance of Agreement for Sale, Holding Agreement Was a Loan Transaction with Collateral Security. Court Refuses to Enforce Agreement as Sale, Directs Return of Earnest Amount with Interest.

The plaintiffs filed a suit for specific performance of an agreement for sale dated 19th November 1987, or in the alternative, for damages of Rs.1,46,...

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Bombay High Court Allows Teacher's Petition for Seniority Based on Earlier Appointment Date — D.Ed. Pay Scale Does Not Affect Seniority. Education Officer's Order Quashed for Ignoring Petitioner's Appointment on 03.07.1997.

The petitioner, Sanjay Dhananjay Pachpole, was appointed as an Assistant teacher on 03.07.1997 in Vikas Vidhyalaya, Satod, run by Gramin Shikshan Mand...

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Bombay High Court Allows Withdrawal of Challenge to Caste Scrutiny Orders in Service Matters. Petitioners Who Gave Up Challenge to Invalidated Scheduled Tribe Certificates Permitted to Continue in Service with Protection Against Recovery of Benefits.

The judgment concerns three writ petitions filed by individuals who had secured employment based on their claim of belonging to a Scheduled Tribe. The...

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Bombay High Court Allows Petitioners' Claim for Rental Compensation in Land Acquisition Case. Petitioners Entitled to Rental Compensation Under Government Resolutions for Possession Taken Before Acquisition Proceedings.

The petitioners, including The Ichalkaranji Cooperative Spinning Mills Ltd. and Sou. Kishori P. Awade and others, filed writ petitions challenging a l...

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Bombay High Court Dismisses Writ Petition Challenging School Tribunal's Rejection of Appeal Against Termination. Compromise Settlement in Earlier Writ Petition Did Not Bar Fresh Termination Due to Non-Approval of Appointment.

The petitioner, Hiraji Natthurao Bangare, was employed as an Assistant Teacher with respondents 1 and 2 from 1997 to 01.04.2003. His appointment was n...

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Bombay High Court Dismisses Licensee's Writ Petition Against Eviction Decree in Leave and License Dispute — Licensee Failed to Renew Agreement Despite Licensor's Readiness, Eviction Upheld Under Presidency Small Cause Courts Act, 1882.

The petitioner, Suhas Janardan Chavan, proprietor of M/s. Suhas Hydro Systems, was a licensee of an industrial shed admeasuring 4000 sq. ft. under a l...