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Supreme Court Allows Workman's Appeal on Distribution of Company Assets in Liquidation. Holds that Secured Creditors Have Pari Passu Charge Only Over Properties Specifically Charged, Not All Assets; Workmen Have Priority for Uncharged Properties Under Sections 529 and 529A Companies Act, 1956.

The dispute arose from the winding up of U.M.I. Special Steel Limited, a company registered under the Companies Act, 1956. The company became sick, an...

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Bombay High Court Upholds Dismissal of Bus Conductor in MSRTC Misappropriation Case. Labour Court's refusal to interfere with punishment of dismissal for collecting Rs.14/- but issuing Rs.5/- ticket and having cash excess of Rs.11/- is confirmed as not perverse.

The petitioner, Rohidas Premchand Bhagat, was employed as a bus conductor with the Maharashtra State Road Transport Corporation (MSRTC) since 1 Novemb...

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Supreme Court Upholds NCLAT Decision on Limitation in Insolvency Petition Initiated by Financial Creditor. Application Under Section 7 of Insolvency and Bankruptcy Code, 2016 Held Within Limitation After Excluding Time Spent in SARFAESI Proceedings Under Section 14(2) of Limitation Act, 1963.

The appeal arose from a judgment of the National Company Law Appellate Tribunal (NCLAT) dismissing an appeal against an order of the National Company ...

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Bombay High Court Dismisses Petition Seeking Interim Relief Against Dismissal in Misappropriation Case. Labour Court and Industrial Court Correctly Refused to Restrain Employer from Issuing Punishment Order at Second Show Cause Stage Under MRTU and PULP Act, 1971.

The petitioner, Dhanraj Gaikwad, was employed as a clerk with the Maharashtra State Road Transport Corporation (MSRTC) since 2008. He was charge-sheet...

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Bombay High Court Dismisses Employer's Challenge to Reference of Minimum Wages Dispute to Industrial Tribunal. Settlement Barring Financial Demands Does Not Preclude Statutory Minimum Wages Claim Under Industrial Disputes Act, 1947.

The petitioner, Pix Transmissions Limited, an employer, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an o...

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Bombay High Court Allows Expunging of Expert Evidence Applying Foreign Law in Suit for Enforcement of Foreign Judgment. Expert Witness Cannot Apply Foreign Law to Facts; Only State the Law Under Order 18 Rule 17 CPC and Section 45 Evidence Act.

The plaintiffs filed a Notice of Motion seeking to expunge parts of the affidavit of evidence of the defendants' expert witness, Mr. Patrick Keel, who...

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Supreme Court Hears Appeals Against Orissa High Court's Order Quashing Land Settlement in Favour of Temple Managing Committee; Issue of 'Amrutamanohi' Lands Under OEA Act and Temple Act

The dispute centered on the settlement of certain lands in Puri, known as 'amrutamanohi' properties, which were claimed to be part of the endowments o...

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Bombay High Court Adjudicates Applications for Appointment of Arbitrator under Section 11 of Arbitration and Conciliation Act, 1996 in Partnership Dispute. The Court considered whether to appoint a sole arbitrator for disputes arising from a partnership deed containing multiple arbitration clauses.

The applicants, Prakash Cotton Mills Pvt. Ltd. and Bharat Barrel And Drum Manufacturing Company Pvt. Ltd., filed two arbitration applications under Se...