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Bombay High Court Dismisses Petition for Interim Measures in Slum Rehabilitation Dispute Under Section 9 of Arbitration Act, Citing Public Interest in Airport Development. Termination of Determinable Contract Not Stayed as Injunction Would Amount to Specific Performance Barred Under Specific Relief Act.

The case arose from a petition under Section 9 of the Arbitration and Conciliation Act, 1996, filed by Housing Development and Infrastructure Limited ...

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WRIT PETITION NO.2457 OF 2012

The Bombay High Court was seized with four writ petitions filed by various trade unions representing aircraft engineers, technical staff, and technici...

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Bombay High Court at Aurangabad Hears Letters Patent Appeal Against Dismissal of Review in Kulkarni Watan Land Regrant Case. Decides on Rights of Purchaser Versus Successors of Original Watandar Under Bombay Paragana and Kulkarni Watans (Abolition) Act, 1950.

The dispute involved lands bearing Survey Nos. 135 and 144 at Jamda, Jalgaon, originally held as Kulkarni Watan. In 1944, the vendor Ramchandra Tembul...

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Bombay High Court Quashes FIR Against Recovery Officer in CBI Corruption Case — Applicant Not a Public Servant Under Prevention of Corruption Act. Employee of Private Recovery Agency Cannot Be Prosecuted Under Section 7 of PC Act as He Is Not a 'Public Servant' Under Section 2(c) of the Act.

The applicant, Prashant Vinayakrao Sable, was employed as a Recovery Officer with M/s. Yash Consultancy Services, a private recovery agency engaged by...

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High Court of Bombay Finds Industrial Court's Order Erroneous for Reading Unproved Consent Certificate Under Section 28(1A) of Trade Union Act. Failure to Prove Consent Certificate as Required by Section 28(1A) of Trade Union Act, 1926 Renders Industrial Court Proceeding Without Jurisdiction.

The petitioner, Arun Asatkar, was a member of the Nagpur Union of Working Journalists since 1978 and worked at Lokmat newspaper. A dispute arose regar...

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Bombay High Court Allows Society's Petition in Servant Quarters Eviction Dispute — Cooperative Court Has Jurisdiction Under Section 91 MCS Act. Dispute for recovery of possession of servant quarters from ex-employee held to be touching management of society, not business.

The Bombay High Court allowed a writ petition filed by a cooperative housing society challenging an order of the Cooperative Appellate Court which had...

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Bombay High Court Quashes Process Against Directors in Cheque Dishonour Case Due to Lack of Specific Allegations. Criminal proceedings under Section 138 of Negotiable Instruments Act, 1881 cannot be initiated against directors without specific averments of their role in the company's affairs.

The case involves two criminal applications filed under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) challenging a common order dated...

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Gujarat High Court Upholds Reinstatement Without Back Wages for Daily Wage Workers in Industrial Dispute. Termination of Daily Wage Sweepers by Municipal Corporation Held Illegal Under Section 25F of Industrial Disputes Act, 1947, but Back Wages Denied for Lack of Proof of Unemployment.

The petitioners, four daily wage sweepers (Safai Kamdars), were initially employed by the erstwhile Joshipura Nagarpalika in 1999. Upon merger of the ...

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Bombay High Court Dismisses Review Petition in Eviction Case for Unlawful Subletting and Non-User of Premises. Tenants failed to show error apparent on face of record in revision order confirming eviction decree under Bombay Rent Act.

The petitioners, who were the defendants in the original eviction suit, filed a review petition before the Bombay High Court seeking review of an orde...