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Bombay High Court Allows Appeal Against Remand Order in Adverse Possession Suit — Trial Court Decree Restored. First Appellate Court Exceeded Jurisdiction by Remanding Suit for Filing Written Statement Despite Proper Procedure Being Followed.

The case arises from a suit for declaration of ownership based on adverse possession filed by the plaintiffs (appellants) against the defendant (respo...

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Bombay High Court Sets Aside Divorce Decree in Hindu Marriage Act Case — Allegations of Cruelty and Desertion Not Proven. Court holds that isolated incidents and vague allegations do not constitute cruelty under Section 13(1)(ia) and desertion under Section 13(1)(ib) of the Hindu Marriage Act, 1955.

The appellant wife challenged the Family Court's decree of divorce granted to the respondent husband on grounds of cruelty and desertion under Section...

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Bombay High Court Dismisses Petition Challenging Monitoring Committee's Order in Mukesh Mills Redevelopment Case — CRZ-II Zoning and Development Control Regulations Apply to Textile Mill Land.

The petitioners, M/s TCI Industries Ltd and its Executive Director, owned a large property in Colaba, Mumbai, known as Mukesh Mills, a former cotton t...

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Bombay High Court Allows Appointment of Arbitrator Despite Prior Suit Filed in Wrong Court — Filing of Suit in Court Without Jurisdiction Does Not Bar Subsequent Arbitration Petition Under Section 11(6) of Arbitration and Conciliation Act, 1996

The petitioner, Candid Drug Distributors, filed a suit in the competent court in Guwahati against the respondent, Wanbury Limited. The respondent chal...

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Bombay High Court Dismisses Appeal Against Rejection of Time-Barred Counterclaim in Arbitration. Limitation for Counterclaim Runs from Date of Termination of Contract, Not from Subsequent Correspondence.

The appeal arose from an order dated 1 October 2012 passed by a learned Single Judge under Section 34 of the Arbitration and Conciliation Act, 1996, d...

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Bombay High Court Allows Employee's Writ Petition in Unfair Labour Practice Case — Reinstatement with Backwages Upheld. Employer's Revision Quashed as Industrial Court Exceeded Jurisdiction Under MRTU & PULP Act, 1971.

The petitioner, Shri Samaruram B. Yadav, was employed as a driver with respondent no.1, a partnership firm engaged in supplying materials to the Gover...

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Bombay High Court Allows Appointment of Arbitrator in Contract Dispute Between Contractor and Indian Airlines. Failure of Named Arbitrator to Act Entitles Applicant to Court-Appointed Arbitrator Under Section 11(6) of the Arbitration and Conciliation Act, 1996.

The applicant, Vijay Hiralal Jaiswal, a sole proprietor of M/s. Three Circles, submitted a tender for construction works at Indian Airlines' NEC Sahar...

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Bombay High Court Dismisses Management's Petition Challenging Industrial Tribunal Award in Retrenchment Dispute. Retrenchment of 12 Liftmen Held Illegal as Management Failed to Prove Abandonment of Service and Compliance with Industrial Disputes Act, 1947.

The petitioner, Welcomgroup Searock, which manages the Searock Hotel in Bandra, Mumbai, challenged an award of the Industrial Tribunal dated 15th Febr...

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Bombay High Court Dismisses Second Appeal in Partition Suit — Relinquishment Deed Without Consideration Not Binding. Family arrangement without consideration does not estop a coparcener from claiming partition of joint family properties.

This Second Appeal arises from a suit for partition and possession filed by the respondent (original plaintiff) against the appellant (original defend...