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Bombay High Court Dismisses Appeals in Property Partition Suit — Upholds Trial Court's Refusal to Reject Plaint Under Order VII Rule 11 CPC. Plaint Discloses Cause of Action and Is Not Barred by Limitation or Res Judicata.

The case involves three appeals filed by the defendants (Smt. Malti Kapadia, Hemant Kapadia, and Vijaysingh Kapadia) against an order of the City Civi...

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Bombay High Court Dismisses Petition Challenging Industrial Court's Order Setting Aside Reinstatement and Backwages Due to Limitation Under Section 42(4) of Bombay Industrial Relations Act, 1946. Approach Notice Filed Beyond Stipulated Period Without Sufficient Cause, Hence Labour Court's Order Set Aside.

The petitioner, Pedru Mozes Fernandes, was a permanent workman employed as a boiler serviceman at Tata Mills from 1st March 1973. He worked continuous...

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Bombay High Court Dismisses Company's Challenge to Reinstatement with 50% Backwages and Workman's Challenge to Enquiry Validity in Industrial Dispute. Labour Court's Finding of Non-Perverse Enquiry Upheld, Reinstatement with Partial Backwages Affirmed Under Industrial Disputes Act.

The judgment involves two writ petitions arising from an industrial dispute between Siemens Limited (the company) and its workman, Babulal Ramlal Walm...

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Bombay High Court Dismisses Writ Petition Challenging Eviction Notice Under Slum Act — Petitioner Failed to Show Cause. Petitioner did not respond to show cause notice under Section 33 of Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971, making writ petition premature.

The petitioner, Ashok Mahadeo Palvankar, filed a writ petition in the Bombay High Court challenging a notice dated 2.12.2004 issued under Section 33 o...

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Bombay High Court Allows Petition in Part for Contractual Doctors Seeking Parity in Pay and Benefits with Regular Medical Officers. Court Directs ONGC to Provide Equal Pay and Facilities but Denies Regularization.

The petitioners, a group of doctors employed on contract by the Oil and Natural Gas Corporation Limited (ONGC) at its offshore installations in Bombay...

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Bombay High Court Upholds Validity of Section 138 NI Act and Directs Magistrates to Accept Complaints Without Preliminary Inquiry. Section 138 Negotiable Instruments Act, 1881 is constitutionally valid and Section 200 CrPC does not require preliminary inquiry in cheque dishonour cases.

The judgment arises from a batch of petitions challenging the constitutional validity of Section 138 of the Negotiable Instruments Act, 1881 and the p...

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Bombay High Court Dismisses Husband's Petition Challenging Enhanced Maintenance to Wife Under Section 127 CrPC. Enhancement of maintenance from Rs.250 to Rs.1000 per month upheld as reasonable and not excessive.

The petitioner, Gangadhar Narhari Kedare, is the husband of the respondent, Sonyabai Gangadhar Kedare. The respondent-wife had initially filed an appl...