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Bombay High Court Dismisses Bank's Petition Challenging Gratuity Payment to Retired Employee. Forfeiture of Gratuity under Payment of Gratuity Act, 1972 requires proof of financial loss caused by employee's misconduct, not merely disciplinary punishment of compulsory retirement.

The petitioner, Bank of Maharashtra, challenged the orders of the Controlling Authority and Appellate Authority under the Payment of Gratuity Act, 197...

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Bombay High Court Considers Section 34 Petition by State-Owned Oil Corporation to Set Aside Arbitral Award. Petitioner Alleges That Award Is Vitiated by Fraud Due to Non-Disclosure of Corporate Insolvency Proceedings by Respondent Joint Venture.

The matter arose out of a petition under Section 34 of the Arbitration and Conciliation Act, 1996 filed by Hindustan Petroleum Corporation Ltd., a sta...

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Bombay High Court Sets Aside Unconditional Stay of Eviction Decree for Open Land Not Covered by Rent Control Act. Appellate Court Directed to Reconsider Stay Application Applying Correct Principles of Irreparable Loss and Balance of Convenience.

The Petitioner, Mr. Mujibur Rehman Haji Israr Alam Siddiqui, filed a Writ Petition under Article 227 of the Constitution of India challenging an order...

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Bombay High Court Allows Appeal Under Section 37(2)(b) of Arbitration Act Against Arbitrator's Order Rejecting Interim Relief — Holds That Arbitrator Must Consider Prima Facie Case, Balance of Convenience, and Irreparable Loss Before Refusing Interim Injunction.

The appellant, Spice Digital Ltd., filed an appeal under Section 37(2)(b) of the Arbitration and Conciliation Act, 1996, challenging an order dated 16...

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Bombay High Court Allows Municipal Corporation's Petition, Restores Eviction Orders Against Tenants for Subletting Under Section 105-B of Mumbai Municipal Corporation Act, 1888. Tenants failed to prove lawful occupation of alleged subtenants, burden of proof not discharged.

The Municipal Corporation of Greater Mumbai (MCGM) filed a writ petition challenging a common judgment and order dated 31st December 2008 passed by th...

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Bombay High Court Dismisses Appeals in Specific Performance Suit, Upholds Alternative Decree for Damages. Plaintiff's claim for specific performance of flat agreement dismissed due to subsequent sale to bona fide purchaser; alternative decree for damages against original vendor confirmed.

The judgment arises from two appeals against a common decree dated 14.1.2010 passed by the Bombay High Court in Suit No.1642 of 1984. The original pla...