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Bombay High Court Upholds Reinstatement Without Continuity or Backwages in Bank Employee Absenteeism Case. Industrial Court's modification of Labour Court order under MRTU & PULP Act, 1971 is upheld as worker was not willing to work.

The case involves two writ petitions filed by the Management (Ahmednagar Merchants Cooperative Bank Ltd.) and the Worker (Gangaram Nathu Satpute) chal...

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High Court of Bombay Allows Union of India's Appeal Against Modification of Arbitrator's Award on Interest Rate in Construction Contract Dispute. Arbitrator's discretion to award interest at 12% per annum upheld as reasonable under Section 29 of the Arbitration Act, 1940.

The case arises from a construction contract awarded by the Union of India (appellant) to M/s Bajaj & Co. (respondent) in 1986 for building an Air Rou...

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Bombay High Court Dismisses Petition Challenging Rejection of Caveat in Execution Proceedings — Caveat Under Section 148A CPC Not Maintainable After Execution Application Is Filed. Court Holds That Assignee Decree-Holder Can Execute Decree Without Notice to Judgment-Debtor Under Order 21 Rule 16 CPC.

The petitioners, who are judgment-debtors in a pending execution application, filed a caveat under Section 148A of the Code of Civil Procedure, 1908 (...

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High Court of Karnataka Dismisses Second Appeal in Property Dispute — Upholds First Appellate Court's Declaration of Ownership Based on Adverse Possession and Valid Title. Concurrent findings of fact not interfered with under Section 100 CPC as no substantial question of law arose.

The case involves a Regular Second Appeal filed under Section 100 of the Code of Civil Procedure, 1908, by the appellant (defendant in the original su...

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High Court of Karnataka Dismisses Second Appeal in Property Suit — Plaintiff Fails to Prove Title and Possession. Co-owner Cannot Claim Adverse Possession Against Another Co-owner Without Ouster Under Section 100 CPC.

The appellant, Suresh Chatra, filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908, against the judgment and decree da...

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Bombay High Court Allows Petition in Excise License Renewal Case — State Cannot Deny Renewal Without Proper Notice and Hearing. Renewal of FL-3 license under Maharashtra Foreign Liquor Rules cannot be refused on grounds of pending criminal proceedings without affording opportunity of hearing.

The petitioner, John Distilleries Private Limited (formerly John Distilleries Ltd.), a company incorporated under the Companies Act, 1956, with its ma...

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INCOME TAX APPEAL NO. 499 OF 2012

The appeal before the High Court arose out of an order passed by the Income Tax Appellate Tribunal (ITAT) dismissing the assessee's appeal and upholdi...

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High Court Upholds Rent Control Act, Denying Britannia’s Claim for Market Rent

The fixation of standard rent for an upscale apartment in Mumbai, which was rented to Maya Sunil Alagh, the wife of Britannia's former Managing Direct...

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Bombay High Court Quashes Second Departmental Enquiry Against RPF ASI for Same Misconduct — Double Jeopardy Principle Under Article 20(2) of Constitution and Rule 219.4(b) of Railway Protection Force Rules, 1987 Bars Re-prosecution After Final Punishment

The petitioner, Ramrao Maroti Shinde, an Assistant Sub-Inspector in the Railway Protection Force (RPF), was subjected to a departmental enquiry in May...