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Bombay High Court Allows Municipal Corporation's Appeals in Encroachment Dispute, Holding Civil Court Lacks Jurisdiction. Shopkeepers' Suits for Declaration of Title and Injunction Dismissed as Property Vested in Corporation Under Bombay Municipal Corporation Act, 1888.

The Municipal Corporation of Greater Mumbai and its Assistant Municipal Commissioner filed appeals against an interim order passed by the City Civil C...

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Bombay High Court Allows Appeal Against Rejection of Section 9 Application in Arbitration Dispute Over Television Serial Marketing Rights. Right of First Refusal Protected Pending Arbitration Under Section 9 of the Arbitration and Conciliation Act, 1996.

The appellant, UTV Software Communications Ltd., entered into an agreement with the respondent, Radaan Media Works Ltd., on 21 June 2001, under which ...

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Bombay High Court Dismisses State's Petitions Challenging Labour Court Orders in Industrial Disputes Act Cases. Daily-wage workers who completed 240 days of service are entitled to reinstatement with continuity and back wages under Section 25-F of the Industrial Disputes Act, 1947.

The State of Maharashtra and the Deputy Engineer, Public Works Sub-Division, Satara, filed six writ petitions challenging the orders of the Labour Cou...

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Bombay High Court Dismisses Appeal Against Order Refusing to Set Aside Ex-Parte Decree in Suit for Specific Performance — Held That Application Under Order 9 Rule 13 CPC Was Not Maintainable as the Decree Was Not Ex-Parte But on Merits After Written Statement Was Filed.

The appellants, Jagdish Tukaram Mulik and others, filed an appeal against an order of the Civil Judge, Senior Division, Pune, dismissing their applica...

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Bombay High Court Allows Wife's Appeal for Return of Stridhan Under Section 27 of Hindu Marriage Act, 1955 — Husband Liable for Ornaments and Articles. The court held that the husband is presumed to be in possession of the wife's stridhan and must return it unless he proves otherwise.

The appellant wife, Sangeeta B. Kadam, filed a Family Court Appeal challenging the judgment and order dated 11th June 2001 passed by the Family Court ...

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Bombay High Court Dismisses Writ Petition Challenging Labour Court Order on Maintainability of Unfair Labour Practice Complaint. The court held that an order refusing to try maintainability as a preliminary issue is not a final order and thus not amenable to writ jurisdiction under Article 226.

The petitioners, Dattaram Panchal and others, filed a complaint before the Labour Court at Mumbai alleging that the first respondent, M/s. Nirlon Limi...

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Bombay High Court Allows Revision Applications in Cheque Dishonour Cases Due to Non-Application of Mind by Trial Court. Presumption under Section 139 of Negotiable Instruments Act, 1881 is rebuttable and trial court must consider defence evidence before convicting.

The case involves three criminal revision applications filed by Rajat Jaiprakash Rastogi, Mrs. Gursimran M. Deol, and Lt. Col. B.T. Jade against M/s. ...

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Bombay High Court Dismisses Petition Challenging Rejection of Preliminary Issue on Maintainability of Suit Under Bombay Rent Act. Suit for Bonafide Need for Non-Residential Use of Residential Premises Under Section 13(1)(a) Cannot Be Dismissed at Preliminary Stage Without Evidence.

The case involves a dispute between the petitioners (original defendants) and the respondent (original plaintiff) concerning a suit filed by the respo...