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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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Bombay High Court Allows Refund of Advance Stamp Duty Paid on Unexecuted Deed of Assignment — Petitioner Entitled to Refund Under Section 48 of Maharashtra Stamp Act, 1958 as No Instrument Was Executed

The Petitioner, Kasthmandup Developers Pvt. Ltd., filed a Writ Petition under Article 226 of the Constitution of India challenging the order dated 01....

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Bombay High Court Allows Employer's Appeal in Workmen's Compensation Case — Death Not Arising Out of Employment. Deceased lineman died of heart attack while on duty but without any work-related strain; held not compensable under Section 3 of Workmen's Compensation Act, 1923.

The case involves two cross-appeals arising from a single judgment and award dated 23.11.2001 passed by the Commissioner, Workmen's Compensation Tribu...

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Bombay High Court Rules Against Stamp Duty on Amalgamation Orders Under Companies Act, 1956. Court Order Sanctioning Scheme of Amalgamation Is Not a Conveyance Under Bombay Stamp Act, 1958.

The case involved a reference under the Bombay Stamp Act, 1958, arising from a scheme of amalgamation between Reliance Industries Limited (transferee)...

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Bombay High Court Dismisses Petition Challenging Validity of MRTP Act Provisions. Court holds that Sections 49(7) and 127 of Maharashtra Regional and Town Planning Act, 1966 are constitutionally valid and not ultra vires Articles 14, 19(1)(g), 21, 21A, 47 and 243(w).

The petitioners, Chalisgaon Municipal Council and a resident, filed a writ petition under Article 226 of the Constitution challenging the constitution...

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Bombay High Court Dismisses Employee's Petition Challenging Correction of Date of Birth in Service Records. Employer's reliance on original School Leaving Certificate over employee's subsequent claim upheld as proper exercise of administrative power.

The petitioner, Ashok Ramchandra Nirmal, was appointed as a Clerk with the respondent college on 23rd September 1986. At the time of appointment, he s...

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Bombay High Court Allows Petition Challenging Commissioner's Order in Gram Sabha Resolution Dispute — Procedural Irregularities in Gram Sabha Proceedings Render Resolution Invalid.

The Petitioner, Gajanan Baburao Sankpal, was the Chairman of the Pani Purvatha Ani Swachhata Samiti (Water Supply and Sanitation Committee) constitute...