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High Court of Karnataka Dismisses Writ Petitions of Retired KMF Employees Seeking Pension Revision — Petitioners Not Government Servants, Hence Not Entitled to Government Pension Orders.

The petitioners, D. Krishna Reddy and L.N. Bhaskar Rao, were retired employees of Karnataka Milk Federation (KMF), a cooperative society. They filed a...

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Bombay High Court Dismisses Arbitration Application in Development Agreement Dispute Due to Novation Extinguishing Arbitration Clause. Deed of Novation Substituted Original Agreement Without Arbitration Clause, No Prima Facie Arbitration Agreement Exists Between Applicant and Respondents.

The applicant, M/s. Mukesh Patel and Ors., filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of...

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High Court of Karnataka Considers Application Under Section 434 Companies Act Seeking Transfer of Winding-Up Petition to NCLT. Applicant Argues No Irreversible Steps Taken, Citing Supreme Court Precedent.

The matter arose from a Company Petition filed in 2010 seeking winding up of Broadcast Infratel India Private Limited on grounds of unpaid admitted de...

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Supreme Court Allows Appeal by Insolvency and Bankruptcy Board of India in Jurisdictional Dispute Over Trial of IBC Offences. Held that Reference to Special Court under Chapter XXVIII of Companies Act, 2013 in Section 236(1) IBC is Legislation by Incorporation, Not Affected by Subsequent Amendment.

The appeal arises from a challenge by the Insolvency and Bankruptcy Board of India (IBBI) against the judgment of the Bombay High Court quashing the o...

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Supreme Court Allows Union of India's Appeal in Service Law Dispute Over Nursing Allowance. Classification of posts based on educational qualifications justifies different pay scales, as Nursing Assistants lack qualifications and experience required for Staff Nurse posts under relevant service rules.

The dispute arose from Nursing Assistants employed in Border Security Force hospitals claiming entitlement to Nursing Allowance at par with Staff Nurs...

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Bombay High Court Allows Petition Quashing Reservation Condition in Development Permission Dispute. MHADA Housing Reservation Deleted by Sanctioned Modification to Development Plan, Municipal Corporation Cannot Insist on Compliance.

The petitioner, Cosmos Constructions, a partnership firm, owned land at Chitalsar, Manpada, Thane. The Thane Municipal Corporation (TMC) imposed Condi...

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Bombay High Court Dismisses Society's Section 9 Petition for Possession and Injunction Against Developer in Redevelopment Dispute. Court Holds That Disputed Questions of Title and Possession Cannot Be Decided in Summary Proceedings Under Section 9 of the Arbitration and Conciliation Act, 1996.

The judgment concerns two competing petitions under Section 9 of the Arbitration and Conciliation Act, 1996, filed by Rajawadi Arunodaya Co-operative ...

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Bombay High Court Upholds Maintainability of Civil Suit Challenging MRTP Act Notice — Preliminary Issue Under Section 9A CPC Decided in Favor of Plaintiff. Court holds that bar under Section 149 of MRTP Act does not apply to notices under Section 53(1) of the Act.

The petitioner, Prathamesh Tower Cooperative Housing Society Limited, challenged an order passed by the trial court on a preliminary issue under Secti...