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Bombay High Court Allows Summons for Judgment in Favour of Confirming Bank in Letter of Credit Dispute. Confirming Bank's Right to Recover from Issuing Bank Upheld Despite Allegations of Fraud in Underlying Transaction.

The plaintiff, UBS AG, a foreign bank, filed three summary suits against three Indian banks (State Bank of Patiala, Federal Bank Ltd, and United Weste...

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Bombay High Court Dismisses Appeal Against Section 9 Interim Relief — Prima Facie Finding of Arbitration Agreement Sufficient. Court Rejects Argument That Existence of Arbitration Agreement Must Be Conclusively Determined at Interim Stage Under Section 9 of Arbitration and Conciliation Act, 1996.

The appeal arose from a judgment of a learned Single Judge of the Bombay High Court on an Arbitration Petition under Section 9 of the Arbitration and ...

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Bombay High Court Allows New Electricity Connection Without Arrears for Auction Purchaser. Purchaser of property in auction from Sales Tax Department cannot be saddled with previous owner's electricity dues under Section 24 of the Indian Electricity Act, 1910.

The petitioner, Miss Tulsa Dongre, purchased Shop No.4 of Deep Apartments from the Sales Tax Department in an open auction held on 17 October 2003 for...

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Bombay High Court Allows Appeal of Co-operative Housing Society in Minimum Wages Claim — Labour Court Application Under Section 33C(2) of Industrial Disputes Act, 1947 Not Maintainable as Society is Not a Commercial Establishment Under Bombay Shops and Establishment Act, 1948.

The appellant, Mahalaxmi Co-operative Housing Society Limited, challenged the judgment of a learned Single Judge in Writ Petition No. 6486 of 1995, wh...

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High Court Allows Bank's Petition to Forfeit Gratuity of Employee Terminated for Misappropriation. Misappropriation of Funds by Bank Employee Constitutes Offence Involving Moral Turpitude Under Section 4(6)(b)(ii) of Payment of Gratuity Act, 1972, Justifying Forfeiture of Entire Gratuity.

The petitioner, Bank of India, challenged the orders of the controlling authority dated 30 June 2004 and the appellate authority dated 4 September 200...

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Bombay High Court Dismisses Appeals Against Order Allowing Workmen's Application for Payment of Gratuity and Other Dues from Company Assets. Workmen's dues have priority under Section 529A of Companies Act, 1956, and Official Liquidator must pay from sale proceeds.

The case involves two appeals filed by Grand View Estates Private Limited and Forbes & Company Limited against an order of the Company Court allowing ...