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Bombay High Court Grants Interim Injunction Restraining Construction in Property Dispute Among Family Members. Alleged Breach of Development Agreement and Illegal Construction on Common Property Leads to Status Quo Order.

The dispute arises out of a family arrangement among the Motwane family members regarding a larger property at Khar, Mumbai. On 31st March, 1990, the ...

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Bombay High Court Dismisses Management's Petition Challenging Reinstatement of Employee in School Termination Case. Non-Compliance with Mandatory Procedure under Maharashtra Employees of Private Schools (Conditions of Service) Regulation Rules, 1981 Renders Termination Illegal.

The petitioners, Lady Yashodabai Joshi Ladies Club (a registered Public Trust) and the Head Master of Golden Kids English High School (collectively re...

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Bombay High Court Allows Management's Petition in School Teacher Termination Case — Tribunal's Order Set Aside for Non-Compliance with Limitation Rules. Appeal Dismissed as Filed Beyond 30-Day Limit Without Condonation Application Under Rule 36(2) of M.E.P.S. Rules, 1981.

The petitioners, Lady Yashodabai Joshi Ladies Club (a registered Public Trust) and the Head Master of Golden Kids English High School (collectively 't...

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High Court of Bombay Enhances Compensation for 100% Disabled Claimant in Motor Accident Case — Traumatic Paraplegia Victim Awarded Enhanced Compensation with Interest. Claimant's permanent disablement due to road accident led to enhancement of compensation under Section 166 of Motor Vehicles Act, 1988.

The judgment arises from two appeals against the award of the Motor Accident Claims Tribunal, Mumbai, in Claim Application No.164 of 2005. The claiman...

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Bombay High Court Quashes Scrutiny Committee Order Invalidating Scheduled Tribe Claim Due to Inadequate Vigilance Enquiry. Failure to Conduct Personal Verification at Petitioner's Residence as Mandated by Madhuri Patil Directions Renders Committee Order Unsustainable.

The petitioner, Archana d/o Narayan Balsaraf, filed a writ petition challenging the order dated 22.01.2001 passed by the Committee for Scrutiny & Veri...

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Bombay High Court Quashes Punishment in Service Disciplinary Matter Due to Violation of Natural Justice and Lack of Evidence. Petitioner's challenge to penalty of reduction in pay scale succeeds as disciplinary authority failed to provide opportunity of hearing and relied on oral directions without proof.

The petitioner, Vijay s/o Hundappa Wani, was working as Area Manager with National Seeds Corporation Ltd. from July 1991 to June 1999 at Akola. In Feb...

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Bombay High Court Grants Injunction in Quia Timet Action for Passing Off Based on Distinctive Bottle Shape of Vodka. Shape of a bottle can be protected as a trademark or get-up if it has acquired distinctiveness and is likely to cause confusion.

The plaintiff, Gorbatschow Wodka KG, a German company manufacturing Vodka, filed a quia timet action against John Distilleries Limited alleging that t...

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Bombay High Court Dismisses Appeal Against Injunction in Bank Guarantee Invocation Dispute. Fraud Must Be Established at Invocation Stage; Bank Guarantee Is Independent Contract Between Bank and Beneficiary.

The appellant, M/s. ABG Ports Limited, filed a suit seeking a declaration that the Joint Bid Agreement (JBA), the Counter Guarantee, and its invocatio...