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Bombay High Court Allows Appeal in Specific Performance Suit — Upholds Appellate Court's Dismissal of Suit. Court holds that plaintiff failed to prove agreement and readiness and willingness, and suit was barred by limitation under Article 54 of Limitation Act, 1963.

The appeal arises from a suit for specific performance of an agreement for sale of immovable property. The plaintiff, Manoj Manilal Gala (appellant), ...

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Bombay High Court Allows Compassionate Pension Claim of Removed Teacher Under Rule 101 of Maharashtra Civil Services (Pension) Rules, 1982. Distinction Between Removal and Dismissal Determines Eligibility for Compassionate Pension.

The petitioner, Nalini Shende, was appointed as a temporary teacher at Smt. Jankidevi Jaiswal Prathmik Vidyalaya, Nagpur, and was granted permanency f...

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Bombay High Court Dismisses Insurer's Challenge to Arbitral Award in Marine Insurance Claim. The Court upheld the arbitrator's finding that goods destroyed by fire at a CFS warehouse were covered under the FOB clause of the Marine Cargo Open Policy.

The case involves a challenge by Tata AIG General Insurance Company Limited (the petitioner/insurer) to an arbitral award passed in favor of M/s. Manh...

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Bombay High Court Sets Aside Arbitral Award in Favor of PepsiCo Due to Absence of Valid Arbitration Agreement. The Court Held That Without a Signed Contract Containing an Arbitration Clause, the Arbitrator Lacked Jurisdiction to Entertain the Claim.

The case involves a challenge by PepsiCo India Holding Pvt. Ltd. (Petitioner) against an arbitral award dated 7 January 2010 passed by a sole arbitrat...

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Bombay High Court Upholds Reinstatement of Employee in Education Service Dispute — Illegal Termination Violates M.E.P.S. Rules. Employee's discontinuation without inquiry and notice held illegal; employer directed to reinstate with back wages and continuity.

The case involves an appeal by an educational institution and its headmaster against a common judgment of a Single Judge of the Bombay High Court. The...

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Bombay High Court Dismisses Writ Petition Challenging School Tribunal's Seniority Determination in Teacher Promotion Dispute. Seniority among teachers determined by possession of requisite qualifications at time of recruitment, not by date of initial appointment.

The petitioner, Vasant Babanrao Palkandwar, was appointed as an Assistant Teacher on 01.09.1982 with qualifications S.S.C. and D.Ed. (2 years course)....

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Bombay High Court Dismisses Railway's Challenge to Temporary Injunction in Favour of Educational Society for Use of Approach Road. Court upholds appellate order restraining obstruction of road constructed on shivdhura of survey no. 348 based on Tahsildar's permission and prima facie findings.

The petitioners, officers of the Central Railway, challenged the judgment dated 21/1/2010 of the 4th Additional District Judge, Nagpur in MCA No. 230/...