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Bombay High Court Allows Appointment of Arbitrator in Insurance Dispute Despite Insurer's Denial of Liability. Arbitration Clause in Comprehensive Mega Risks Insurance Policy Held to Survive Repudiation of Claim.

The applicant, Essar Steel India Ltd., filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of an ...

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Bombay High Court Allows Appeal in Probate Caveat Case — Real Brother Has Caveatable Interest as Creditor and Under Family Settlement. Section 284 of Indian Succession Act, 1925 interpreted to include persons with slight interest in estate.

The case involves an appeal against an order of a learned single Judge of the Bombay High Court dismissing a caveat filed by the appellant, Purushotta...

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Bombay High Court Grants Injunction Against Eris Lifesciences in Trademark Infringement Case. Phonetic Similarity Between 'NEBISTAR' and 'NEBISTOL' Leads to Restraint Order Under Trade Marks Act, 1999.

The Plaintiff, Lupin Limited, filed a suit alleging that the Defendants, Eris Lifesciences Pvt. Ltd. and others, were infringing its registered tradem...

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Bombay High Court Grants Leave Under Clause XII of Letters Patent, 1865 for Partition Suit Involving Immovable Property Outside Jurisdiction. Part of Cause of Action Within Jurisdiction Sufficient to Confer Jurisdiction Over Entire Suit.

The plaintiff, Jaspal Sawhney, filed a petition seeking leave under Clause XII of the Letters Patent, 1865 to file a suit (L) No. 494 of 2014 against ...

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Bombay High Court Allows Indian Airlines' Petition, Upholds Termination of Employee for Loss of Confidence Due to Gold Smuggling. Termination Without Enquiry Valid Under Standing Orders as Employee's Acts Posed Security Threat to Aircraft and Passengers.

The petitioner, Indian Airlines Limited, challenged an order of the Industrial Court which declared the termination of the first respondent's services...

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Bombay High Court at Goa Dismisses Writ Petition Challenging Termination of Probationary Employee — Termination Held Valid as Per Terms of Appointment and Not Stigmatic. The court held that a probationer can be terminated without enquiry if the termination is simpliciter and not based on misconduct.

The petitioner, a probationary employee, was terminated from service by the respondent employer. The termination was based on the terms of the appoint...

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Bombay High Court at Goa Dismisses Petitions Challenging Termination of Veterinary Officers for Unauthorized Absence and Misconduct. Termination simpliciter under probation rules is valid and not punitive, and the petitioners were given adequate opportunity to explain their absence.

The case involves four writ petitions filed by 17 petitioners who were appointed as Veterinary Officers on probation by the Government of Goa. They we...

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Bombay High Court Dismisses Appeal Against Summary Judgment in Bank Guarantee Enforcement Case. Court holds that invocation of bank guarantee is independent of underlying contract disputes and must be honoured unless fraud or irretrievable injustice is established.

The case arises from a summary suit filed by Bank of India (the respondent) against the appellants, who were the original defendants, for enforcement ...