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Supreme Court Dismisses Appeal in Pension Dispute Under Industrial Disputes Act and Pension Fund Rules. Employee's Claim for Pension Failed Due to Insufficient Service and Voluntary Abandonment, Not Voluntary Retirement, Under Rule 22 of State Bank of India Employees' Pension Fund Rules, 1955.

The dispute arose from the appellant's claim for pensionary benefits after his service with the respondent bank ended. The appellant was appointed as ...

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Bombay High Court Allows Appointment of Arbitrator Despite Earlier Refusal to Extend Mandate Under Section 29A of Arbitration Act — Refusal to Extend Mandate Does Not Terminate Arbitral Proceedings or Bar Fresh Appointment Under Section 11.

The case involves a dispute arising out of a Deed of Assignment of Development Rights dated 6 December 2010 between the applicants (Nalin Vallabhbhai ...

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Supreme Court Allows Appeal for Development Rights Certificate in Land Reservation Case. Held That Landowner Entitled to DRC for Entire Reserved Area Under Section 126(1)(c) of MRTP Act, 1966.

The appellants, Godrej and Boyce Manufacturing Company Limited and its constituted attorney, owned land bearing CTS No. 2B (part) and 3B in Mumbai, wh...

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Bombay High Court Dismisses Writ Petition of Peon Challenging Order of Deemed Abandonment of Service. Continuous Absence for Over Nine Years Without Sufficient Explanation Justifies Deemed Abandonment Under Rule 16(3) of MEPS Rules, 1981.

The petitioner, Mustakimkhan Yawar Khan, was employed as a Peon at Maulana Abdul Kalam Azad Urdu High School, run by respondent no.1 Azad Education As...

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Bombay High Court Dismisses Injunction in Trademark Infringement and Passing Off Suit — No Deceptive Similarity Between 'Palm Grove' and 'Royal Palms' Hotels. Plaintiff's use of 'Palm Grove' always in combination with 'Ramada' and delay disentitled it to interim relief.

The Plaintiff, Palm Grove Beach Hotels Pvt. Ltd., owned and operated a mid-range hotel in Juhu, Mumbai, under the name 'Ramada Plaza Palm Grove' (prev...

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Bombay High Court Upholds Termination of Temporary Employee for Fraudulent Appointment. Appointment obtained by suppressing material facts and producing forged documents is void ab initio, and the employee is not entitled to reinstatement or back wages.

The case involves three writ petitions arising from a dispute over the appointment of a teacher in a private aided school. The first petition was file...

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Bombay High Court Enforces Foreign Arbitral Award in Agency Dispute — Award Declared Enforceable as Decree. Foreign Award Under Sections 46-49 of Arbitration & Conciliation Act, 1996 Upheld as No Grounds for Refusal Under Section 48 Established.

The petitioner, Mitsui OSK Lines Ltd., a Japanese shipping company, filed a petition under Sections 46 to 49 of the Arbitration and Conciliation Act, ...

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Bombay High Court Dismisses Appeal Against Setting Aside of Arbitral Award Due to Limitation and Abandonment. Claims raised after 12 years from contract termination held barred by limitation under Article 137 of Limitation Act, 1963 and deemed abandoned under contract terms.

The appeal arose from a judgment of a learned Single Judge of the Bombay High Court setting aside an arbitral award dated 19 July 2007 that had grante...

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Bombay High Court Upholds Employer's Action in Voluntary Abandonment Case. Prolonged unauthorized absence without intimation constitutes voluntary abandonment under the Bombay Industrial Relations Act, 1946.

The case involves a dispute between New India Co-operative Bank Ltd. (the employer) and Shankar B. Bangera (the employee) regarding the employee's all...

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Bombay High Court Allows Employer's Petition Challenging Reinstatement Order — Employee Abandoned Service by Taking Up Employment Abroad Without Intimation. Clause 13.4 of Certified Standing Orders Validly Invoked to Terminate Employment for Abandonment of Service Under Industrial Disputes Act, 1947.

The Petitioner, Infomedia India Ltd., engaged the First Respondent as a machine operator at its printing establishment in Mumbai. On 22 June 1992, the...