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Supreme Court Allows Appeal of Subsequent Purchasers in Specific Performance Suit — Agreement for Sale Held Sham and Not Intended to Be Acted Upon. Evidence Act Sections 91 and 92 Do Not Bar Proof of Sham Transaction; Subsequent Purchasers Are Bona Fide Purchasers Without Notice.

The appeal arose from a suit for specific performance of an agreement for sale dated 7th December 1981 executed by the first defendant in favour of th...

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Bombay High Court Quashes Absorption Order in Favor of Municipal Corporation in Contract Labour Dispute — Industrial Court's Direction to Absorb Contract Workers Without Proper Adjudication of Employer-Employee Relationship Set Aside.

The Kalyan Dombivali Municipal Corporation filed a writ petition challenging an Award dated 12 January 2017 passed by the Industrial Court, Thane. The...

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Bombay High Court Dismisses Petition Challenging Framing of Additional Issue in Civil Suit. The court upheld the trial court's order framing an issue on the genuineness of documents, as the defendant had pleaded forgery and the issue was necessary for just adjudication.

The petitioner, the original defendant in Special Civil Suit No. 280 of 2017, filed a writ petition under Article 227 of the Constitution of India, 19...

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Bombay High Court Allows Appeal in Specific Performance Suit — Oral Agreement Not Proved. Plaintiff failed to establish oral agreement, payment of consideration, and suit was barred by limitation under Article 54 of the Limitation Act, 1963.

The appellants (original defendant nos. 2 to 4) challenged the judgment and decree dated 18/02/2014 passed by the learned Judge, City Civil Court, Mum...

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Bombay High Court Upholds Industrial Tribunal Award Reinstating Contract Workers as Regular Employees of Gulf Air Company. Contract Labour System Found to be a Sham Designed to Avoid Liability Under Industrial Disputes Act, 1947.

The case involves two writ petitions arising from an award of the Industrial Tribunal dated 23rd May 2006 in Reference CGIT 20 of 2001. The Central Go...

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Bombay High Court Dismisses Union's Petition Challenging Industrial Tribunal Award in Contract Labour Absorption Case. Contract between principal employer and contractor held not sham; canteen workers not entitled to absorption under Factories Act, 1948.

The Goa M.R.F. Employees Union filed a writ petition challenging the award of the Industrial Tribunal of Goa, which held that the demand for absorptio...

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Bombay High Court Dismisses Appeal in Specific Performance Suit — Agreement Held to Be Leave and Licence, Not Sale. Court upholds finding that the agreement dated 22 April 1977 was a sham document and the transaction was a leave and licence arrangement, not an agreement for sale.

The Appellant, M/s. Imageads and Communications Pvt. Ltd., filed a suit for specific performance of an agreement dated 22 April 1977, claiming that Re...

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Bombay High Court Quashes Lease Agreement for Masunda Lake Without Tenders - Violation of Article 14 and Municipal Corporation Act. The court held that a 25-year lease granted by Thane Municipal Corporation without public advertisement or tender process is arbitrary and illegal.

The petitioner, Sonalaxmi Machhimar Sahakari Society Ltd., a cooperative society registered under the Maharashtra Cooperative Societies Act, 1960, cha...

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Bombay High Court Dismisses Union's Petition Challenging Industrial Tribunal Award on Regularisation of Canteen Workers. Contract Labour System Upheld as Genuine, Not a Sham, and Workers Not Entitled to Direct Employment by Principal Employer.

The judgment arises from a writ petition filed by Contract Laghu Udyog Kamgar Union challenging an award of the Industrial Tribunal dated 19th March 2...