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Bombay High Court Considers Cross-Petitions Against Labour Court Awards Awarding Compensation to Workmen Dismissed After Strike; Maintainability of Reference Under Industrial Disputes Act and Proportionality of Punishment Examined.

The matter involved cross writ petitions arising from Labour Court awards concerning the dismissal of workmen employed by Haldyn Glass Limited. In the...

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High Court of Judicature at Bombay Hears Challenge to Termination and Pension Denial; Teacher Claims Protection Under Rule 47 and Exceptions for Absenteeism Period. Petitioner Contends Delay and Misapplication of Maharashtra Civil Services (Pension) Rules, 1982.

The writ petition arose from a long-standing dispute involving a school teacher's termination and pension claim. The petitioner was appointed as an As...

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Bombay High Court Dismisses Appeal Against Rejection of Plaint in Specific Performance Suit for Non-Disclosure of Cause of Action. Plaint Must Contain Material Facts Constituting Complete Cause of Action; Mere Filing of Suit Does Not Entitle Plaintiff to Interim Relief.

The case involves an appeal against an order rejecting the plaint in a suit for specific performance. The appellants, who were members of an associati...

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Bombay High Court Allows Appeal Against Rejection of Counter Claim in Specific Performance Suit. Counter Claim Filed Within Limitation Period as Cause of Action Arose from Termination of Agreement and Filing of Suit.

The appeal arose from an order of a Learned Single Judge of the Bombay High Court dated 24 November 2006, which allowed a motion for rejection of a co...

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Bombay High Court Allows Section 9 Petition for Interim Relief and Appoints Sole Arbitrator in Waste Management Contract Dispute — Petitioner Granted Protection Against Termination and Bank Guarantee Invocation Pending Arbitration.

The petitioner, PMP Infratech Pvt Ltd, an AA Class Government Registered Civil Contractor, was engaged by the respondent, Bharat Petro Resources Ltd (...

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Bombay High Court Dismisses Monsanto's Petition on Seed Supply as Sale, Allows Subway's Petition on Franchise as Service. Court Holds That Impregnated Seed Supply is Sale of Goods Under Maharashtra Value Added Tax Act, 2002, While Franchise Agreement is Not a Deemed Sale of Intellectual Property Rights.

The Bombay High Court adjudicated two writ petitions tagged together, raising the common issue of whether certain transactions were liable to service ...

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Bombay High Court Hears Arbitration Appeal Against Order Setting Aside Arbitral Award in Family Business Dispute. Dispute Centers on Inclusion of Agricultural Lands Held by Individual Family Members in Family Asset Separation Process.

The appeal arose from a family dispute within the Malhotra family of Pune, who owned and controlled several businesses including Weikfield Products Co...