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Bombay High Court Allows Second Appeal in Teacher Appointment Dispute — Violation of Government Directives Under Grant-in-Aid Code Can Give Rise to Civil Suit. Government Resolutions and Notifications Issued for Regularising Grant-in-Aid Code Are Not Mere Administrative Orders but Binding Directions.

The case involves a Second Appeal filed by the original Plaintiff, Tukaram Pandurang Matekar, against the Head Master of Sant Dnyaneshwar High School ...

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Bombay High Court Dismisses Appeal Against Refusal to Revoke Leave Under Clause XII Letters Patent in Summary Suit on Guarantee. Jurisdiction upheld as part of cause of action arose in Mumbai due to disbursement and part payments.

The appeal arose from a summary suit filed by Rabo India Finance Limited (Plaintiff) against Gouri Prasad Goenka (Defendant) based on guarantees execu...

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Bombay High Court Allows Appeals Against Interim Injunction in Property Dispute Over Succession and Conveyance Validity. Court holds that the trial court's order granting blanket injunction without considering balance of convenience and prima facie title was unsustainable under Order 39 Rules 1 and 2 CPC.

The judgment arises from three appeals filed by defendants against an interim order passed by the 8th Civil Judge, S.D., Thane on 3rd January 2013 in ...

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Bombay High Court Allows Appeal Against Return of Plaint in Suit for Damages by Non-Member Against Cooperative Society. Jurisdiction of Civil Court Not Barred Under Section 164 of Maharashtra Cooperative Societies Act, 1960 as Plaintiff Was Not a Member at Time of Contract.

The appellant, Cargill India Private Limited, filed a suit for damages of Rs. 2 crores against the respondent, Shri Adinath Sahakari Sakhar Karkhana L...

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Bombay High Court Dismisses Suit for Declaration of Title and Possession in Property Dispute Between Brothers. Consent Decree and Subsequent Transfers Bar Reopening of Title Under Section 9A CPC.

The plaintiff, Naresh Lachmandas Aswani, filed a suit against his brother Haridas (defendant no.1) and two companies (defendant nos.2 and 3) seeking a...

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Bombay High Court Dismisses Employer's Petition Challenging Labour Court Order Setting Aside Retrenchment as Unfair Labour Practice. Employer Failed to Prove Genuine Closure, Retrenchment of 23 Workmen Without Complying with Section 25F of Industrial Disputes Act, 1947 Held Illegal.

The petitioner, M/s. Sanket Food Products Pvt. Ltd., challenged the judgments of the Labour Court and Industrial Court which held that the retrenchmen...

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Bombay High Court Allows Appeal in Motor Accident Claim — Insurer Held Jointly Liable Despite Alleged Fraud. Insurance Policy Operative on Date of Accident; Insurer Cannot Escape Liability Without Proof of Fraud.

The appellant, Santosh Kathel, filed a First Appeal before the Bombay High Court, Nagpur Bench, against the judgment and award dated 24.7.2003 passed ...

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Bombay High Court Dismisses Petition by Lessee in Lease Renewal Dispute Due to Failure to Prove Timely Notice. Option to Renew Lease Must Be Exercised Before Expiry of Original Term; Notice Given After Expiry Is Invalid Under Clause 3(c) of Lease Deed.

The case involves a lease deed dated 27th August 1956 between Burmah Shell Oil Storage & Distributing Company of India Ltd. (predecessor-in-title of t...