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Bombay High Court Partly Allows BEST's Petition Against Industrial Court Order on Unfair Labour Practices — Increments and Leave Benefits for Daily Wagers Upheld Under Item 9 of Schedule IV of MRTU & PULP Act, 1971.

The petitioner, Brihan Mumbai Electric Supply & Transport Undertaking (BEST), challenged a judgment and order dated 17th October 2019 passed by the Pr...

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Bombay High Court Dismisses MSRTC's Petition Challenging Reinstatement of Employee Dismissed for Corruption. Non-examination of Complainant in Domestic Enquiry Vitiated the Enquiry, Making Dismissal Disproportionate Under Industrial Law.

The respondent, Ravindra Adhar Gosavi, joined the Maharashtra State Road Transport Corporation (MSRTC) as a driver in 1990 and was later promoted to A...

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Bombay High Court Dismisses Society's Section 9 Petition for Possession and Injunction Against Developer in Redevelopment Dispute. Court Holds That Disputed Questions of Title and Possession Cannot Be Decided in Summary Proceedings Under Section 9 of the Arbitration and Conciliation Act, 1996.

The judgment concerns two competing petitions under Section 9 of the Arbitration and Conciliation Act, 1996, filed by Rajawadi Arunodaya Co-operative ...

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High Court of Karnataka Allows Joint Trial of Two Cheque Dishonour Cases Under Section 219 CrPC — Same Accused, Same Transaction, Same Year. The court held that joint trial is permissible to avoid multiplicity of proceedings and conflicting judgments.

The petitioner, Puttanagouda, was being prosecuted in two separate cases under Section 138 of the Negotiable Instruments Act, 1881, namely C.C. No.221...

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Bombay High Court Dismisses PIL Challenging Land Allotment to Bhartiya Vidya Bhavan for School and Playground. Court upholds allotment as consistent with development plan reservation and public interest.

The case is a Public Interest Litigation (PIL) filed by Dr. Surendra Ramlal Tiwari and Trimurty Nagar Ground Bachav Kruti Samiti challenging the allot...

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Bombay High Court Sets Aside Insolvency Notice Based on Foreign Judgment — Notice Held Without Jurisdiction as Debt Not Payable Under Indian Insolvency Act. Foreign judgment debt not enforceable under Presidency Towns Insolvency Act, 1909 without satisfying conditions of Section 13 CPC.

The case involves a Notice of Motion filed by the Judgment Debtor, Neville Tuli, seeking to set aside an Insolvency Notice No. N/28 of 2011 issued by ...

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Bombay High Court Allows Writ Petitions Challenging Rejection of Declaration under Income Declaration Scheme, 2016. The court quashed reassessment and prosecution notices under Section 276CC of Income Tax Act, 1961, holding that valid declaration under the Scheme grants immunity.

The petitioners, Umesh D. Ganore and Mangesh D. Ganore, filed two writ petitions challenging the decision of the Revenue Authority in not accepting th...

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High Court of Bombay at Aurangabad Dismisses Application Under Section 482 CrPC Challenging Magistrate's Refusal to Order Police Investigation Under Section 156(3) CrPC — Magistrate's Discretion to Treat Application as Complaint Upheld as Legal and Proper.

The applicant, Nikhil s/o Dhondiram Katke, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) challenging a...