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Bombay High Court Dismisses Employer's Petition Challenging Labour Court's Declaration of Perverse Findings in Disciplinary Enquiry. Labour Court's Power to Reappreciate Evidence Under Section 11A of Industrial Disputes Act, 1947 Upheld Where Enquiry Findings Are Not Supported by Evidence.

The petitioner, Tata Infomedia Limited (formerly Tata Press Limited), challenged an order of the Labour Court at Mumbai dated 23rd October 2001. The L...

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Bombay High Court Dismisses Application to Revoke Leave Granted Under Clause XII of Letters Patent Act, 1866 in Commercial Suit for Loan Recovery. Execution of Assignment Deed in Mumbai Constitutes Part of Cause of Action, Sufficient to Maintain Suit.

The Plaintiff, PIL Industries Limited, a company registered in Mumbai, filed a suit against Deccan Chronicle Holdings Ltd. (Defendant No.1) and others...

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Bombay High Court Upholds Dismissal of Employee for Unauthorized Absence Despite Mental Illness Claim. Domestic Inquiry Found Fair and Proper, Punishment of Dismissal for 89 Days Absence Without Leave Held Proportionate Under Model Standing Orders.

The petitioner, Rasik Govind Mankar, was an employee of The Oberoi Towers since 1.4.1982, working as a utility worker in the Kitchen Stewarding depart...

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Bombay High Court Allows SFC's Claim for Priority Over Central Excise Dues in Recovery from Borrower's Assets. State Financial Corporation's Statutory Charge Under Section 29 of SFC Act, 1951 Prevails Over Crown Debt Under Central Excise Act, 1944.

The petitioner, SICOM Ltd., a State Financial Corporation established under the State Financial Corporations Act, 1951, advanced a term loan of Rs. 51...

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Bombay High Court Confirms Death Sentence for Accused No.1 and Life Imprisonment for Accused No.2 in Murder and Robbery Case. The court upheld the conviction under Sections 302 and 392 IPC based on circumstantial evidence including last seen theory and recovery of stolen articles.

The case involves the murder of Vijayatai Vitthalrao Pund, a 75-year-old woman, who was the mother of PW1 Sunil, a practicing lawyer. The incident occ...

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Bombay High Court Allows Appeal, Restores Arbitral Award in Contractor vs. Irrigation Corporation Dispute. Court Holds That Section 34 Court Exceeded Its Jurisdiction by Reappreciating Evidence and Setting Aside Award on Grounds Not Permitted Under Section 34 of the Arbitration and Conciliation Act, 1996.

The present Commercial Arbitration Appeal was filed by M/s. Shinde & Sons, a contractor, under Section 37 of the Arbitration and Conciliation Act, 199...

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High Court of Karnataka Acquits Accused in Rash Driving Case Due to Inconsistent Evidence and Failure to Prove Negligence. Conviction under Sections 279, 338, 304(A) IPC Set Aside as Prosecution Failed to Establish Rash or Negligent Driving Beyond Reasonable Doubt.

The case arises from a road accident that occurred on 19.04.2011 at about 2.30 p.m. when an ambulance driven by the accused collided with an Alto car,...