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Bombay High Court Allows Revision Application of Lessor in Rent Control Exclusion Case. Company That Lost Rent Control Protection Due to High Paid-Up Share Capital Cannot Regain It by Subsequent Reduction.

The case involves a dispute between M/s. Depe Global Shipping Agencies Pvt. Ltd. (Plaintiff/Lessor) and M/s. Mather and Platt (India) Ltd. (Defendant/...

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Bombay High Court Dismisses Appeal by ONGC Against Upholding of Arbitral Award in Contract Dispute. Interpretation of Contract Terms and Findings of Fact by Arbitral Tribunal Not Open to Challenge Under Section 34 of Arbitration and Conciliation Act, 1996.

The case arises from a commercial arbitration appeal filed by Oil and Natural Gas Corporation Ltd. (ONGC) against the judgment of a Single Judge of th...

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Bombay High Court Sets Aside Arbitral Interim Order Restraining Non-Compete Beyond Contract Term. Arbitrator erred in treating Joint Venture Company as partnership and enforcing non-compete clause beyond its stipulated duration under Section 17 of the Arbitration and Conciliation Act, 1996.

The Commercial Arbitration Petition No.25 of 2021 was filed by Elster Instromet B.V. (Instromet) challenging an order dated 09/10/2020 passed by the A...

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Supreme Court Dismisses Appeals by Postal Department, Holds Gramin Dak Sewaks Entitled to Gratuity Under Payment of Gratuity Act, 1972. Voluntary Resignation Does Not Bar Gratuity as Section 4(1)(b) of the Act Overrides Rule 6(13) of the Gramin Dak Sewak (Conduct & Engagement) Rules, 2011.

The Supreme Court considered two appeals arising from the Punjab & Haryana High Court concerning the entitlement of Gramin Dak Sewaks (GDS) to gratuit...

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Bombay High Court Allows Petition to Set Aside Termination of Arbitral Proceedings and Constitute New Arbitral Tribunal Under Sections 9 and 14 of Arbitration and Conciliation Act, 1996 — Delay Condoned Due to Sufficient Cause Shown by Legal Heirs of Deceased Partner.

The petitioners, Neeta Lalit Sanghavi and Hemanshu Lalit Sanghavi, are the legal heirs of the deceased partner, Lalitkumar Vanmalidas Sanghavi. They f...

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Bombay High Court Quashes Discharge of District Judge in NSEL Scam Case — Rule 13(4)(ii)(b) of MJS Rules Violates Articles 14 and 311(2) as It Imposes Penalty Without Inquiry. The court held that discharge of a probationer without inquiry is punitive and unconstitutional.

The petitioner, Ajay Ramesh Dinode, was appointed as a District Judge by nomination in August 2014 and posted as Additional District and Sessions Judg...

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Bombay High Court Dismisses Municipal Corporation's Challenge to Labour Court Awards in Industrial Dispute Cases. Court upholds reinstatement with continuity of service and back wages for workmen whose services were terminated without compliance with Section 25F of the Industrial Disputes Act, 1947.

The judgment pertains to three writ petitions filed by Pimpri-Chinchwad Mahanagarpalika (Municipal Corporation) challenging separate awards passed by ...

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Bombay High Court Dismisses Employer's Petition Challenging Labour Court Award of Reinstatement with 50% Back Wages for Security Inspectors. Employer's Failure to Lead Evidence and Participate in Conciliation Justified Adverse Inference Under Industrial Disputes Act, 1947.

The petitioner, Group Four Security Services India Pvt. Ltd., a security agency, challenged the judgment and award dated 27/08/2018 passed by the Labo...