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Bombay High Court Dismisses Section 34 Challenge Against Arbitral Order Granting Opportunity to Cure Resolution Irregularity. Order held not an interim award under Section 2(1)(c) of Arbitration and Conciliation Act, 1996 as it does not finally determine any issue.

The judgment concerns two petitions under Section 34 of the Arbitration and Conciliation Act, 1996, filed by the Petitioners (RA Group) challenging an...

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Bombay High Court Quashes FIR Against Petitioners in Food Adulteration Case — No Offence Made Out Under Food Safety and Standards Act, 2006. Sale of 'Mint' and 'Saunf' Products Not Prohibited Under Section 26(2)(i) of FSS Act, 2006 as They Are Not 'Food' as Defined.

The petitioners, Anand Ramdhani Chaurasia and Vijay Banarasi Chaurasia, were engaged in the business of selling 'Mint' and 'Saunf' products. On 12th J...

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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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High Court of Bombay at Goa Dismisses Writ Petition Challenging Eviction Order Under Goa Rent Control Act. Tenant's Irregular Rent Payment and Subletting Justify Eviction Under Sections 22(a) and 22(b)(i) and (ii) of the Goa, Daman and Diu Buildings (Lease, Rent and Eviction) Control Act, 1968.

The petitioners, legal representatives of the deceased tenant Gurudas Narayan Salgaonkar, challenged an order dated 03/01/2014 passed by the Appellate...

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High Court of Madras Dismisses Appeal Under Section 37 of Arbitration Act Upholding Setting Aside of Arbitral Award for Perversity. Single Judge Correctly Found That Award Granting Damages for Loss of Business and Non-Supply Ignored Exclusion Clause and Lacked Evidentiary Basis.

The appeal arose from a dispute between a construction and engineering company (appellant) and an elevator manufacturer (first respondent) regarding c...

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Supreme Court Dismisses Appeals by Developer Challenging Quashing of Environmental Clearance for Housing Project Near Sukhna Wildlife Sanctuary. Project Located in Catchment Area of Sukhna Lake Requires Central Government Clearance Under Category 'A' of EIA Notification.

The Supreme Court dismissed the appeals filed by Tata Housing Development Company Ltd. (Tata HDCL) against the judgment of the High Court of Delhi, wh...

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Bombay High Court Quashes Default Sentence in DV Act Maintenance Case — Sentencing Without Prior Notice Violates Natural Justice. Imprisonment for non-payment of interim maintenance under Section 125(3) CrPC read with Section 28 DV Act requires prior notice and opportunity of hearing before sentencing.

The petitioner, Vikram Ramesh Rughani, challenged an order dated 20 January 2024 passed by the Metropolitan Magistrate in C.C. No. 96/DV/2018, sentenc...

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Bombay High Court Dismisses Petition Challenging Sealed Cover Procedure in Promotion — No Vested Right to Promotion Exists. Petitioner failed to establish any legal right to promotion as sealed cover procedure was validly applied due to pending vigilance inquiry.

The Petitioner, Pramod Kumar, an employee of Oriental Insurance Co. Ltd. in Scale IV, appeared for a departmental promotional examination for Scale V ...

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Bombay High Court Holds Section 143-A of Negotiable Instruments Act Directory — Interim Compensation Requires Recording of Reasons. Court clarifies that Section 143-A is not mandatory and reasons must be recorded for quantum under Section 143-A(2).

The judgment arises from two criminal writ petitions filed by Ashwin Ashokrao Karokar (accused) against Laxmikant Govind Joshi (complainant) under the...