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Bombay High Court Allows Appeal Against Eviction Decree in Favour of Court Receiver — Tenancy Rights Not Extinguished by Consent Terms. The Court held that the Court Receiver could not evict the defendants as trespassers without due process, as the consent terms did not terminate their tenancy rights.

The appeal arises from a judgment and decree dated 22nd February 2010 passed by the Bombay City Civil Court in S.C.Suit No.1154 of 2000, decreeing the...

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Supreme Court Upholds Pharmacy Council of India's Moratorium on New Pharmacy Colleges Under Pharmacy Act, 1948. Regulatory Power to Impose Moratorium Valid as Reasonable Restriction Under Article 19(6) to Prevent Mushrooming Growth and Unemployment.

The Supreme Court of India addressed appeals filed by the Pharmacy Council of India challenging judgments from the High Courts of Karnataka, Delhi, an...

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Bombay High Court Dismisses Writ Petition by Educational Society Challenging Transfer of Secondary School to Same Village. Court Holds That Existing Institution Has No Locus Standi to Object to Transfer, and No Violation of Natural Justice.

Background: The dispute arose from a writ petition filed by Public Education Society, a trust managing a secondary school in village Walwadi, Dhule di...

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High Court of Bombay Finds Industrial Court's Order Erroneous for Reading Unproved Consent Certificate Under Section 28(1A) of Trade Union Act. Failure to Prove Consent Certificate as Required by Section 28(1A) of Trade Union Act, 1926 Renders Industrial Court Proceeding Without Jurisdiction.

The petitioner, Arun Asatkar, was a member of the Nagpur Union of Working Journalists since 1978 and worked at Lokmat newspaper. A dispute arose regar...

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Bombay High Court Allows Tenant's Petition in Eviction Suit — Landlord Failed to Prove Bona Fide Need for Residential Premises Under Section 16 of Maharashtra Rent Control Act, 1999. Tenant's Use of Rear Rooms for Storage and Occasional Stay Did Not Constitute Subletting or Change of User.

The petitioner, a tenant, challenged the judgment and order dated 11th August 1999 passed by the Additional District Judge, Thane, which partly decree...

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Bombay High Court Dismisses Petitioners' Challenge to Mutation Entries in Land Revenue Records — No Substantial Question of Law Arises Under Article 227 of Constitution of India. Mutation entries are summary in nature and do not confer title; disputes regarding title must be resolved by a civil court.

The judgment pertains to two writ petitions filed under Article 227 of the Constitution of India challenging mutation entries made in the revenue reco...

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Bombay High Court Dismisses Petition of Workmen Seeking Absorption in Western Coalfields Limited — Canteen Workers Not Entitled to Direct Absorption as Contractor Was Not a Sham and Contract Labour Was Not Prohibited Under the Contract Labour (Regulation and Abolition) Act, 1947.

The petitioner, a trade union representing workmen of Taroda Opencast Mine of Western Coalfields Limited, challenged an award of the Central Governmen...