Search Results for "wrongful dismissal"

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Bombay High Court Upholds Termination of Driver in Sexual Assault Case — Departmental Enquiry Valid Despite Acquittal in Criminal Trial. Acquittal in criminal case does not automatically entitle reinstatement as standard of proof differs in departmental proceedings.

The petitioner, Ramesh Baburao Firode, was employed as a driver in the District Court at Shrirampur, Ahmednagar. On 28.11.2011, a complaint was lodged...

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Bombay High Court Dismisses Writ Petition Challenging Dismissal of Suit by Partner of Unregistered Firm Under Section 69 of Indian Partnership Act, 1932. Suit for Accounts and Injunction by Partner of Unregistered Firm Held Not Maintainable.

The petitioner, Chandrayya Mutwayya Irabatti, was the original plaintiff in Special Civil Suit No.139 of 1987 filed before the III Joint Civil Judge, ...

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Bombay High Court Dismisses Petition Challenging Invalidation of OBC Caste Certificate in Zilla Parishad Election Case. Caste Claim of Momin Community Rejected Due to Lack of Documentary Evidence and Inconsistent School Records Under Maharashtra Act 23 of 2001.

The petitioner, Nahidabano Pathan, challenged the order dated 19 July 2013 of the Divisional Caste Certificate Scrutiny Committee, Aurangabad, which i...

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Bombay High Court Allows Arbitration Petition and Appoints Sole Arbitrator in Equipment Supply Dispute — Respondent's Failure to Appoint Arbitrator Justifies Court Intervention. Existence of Arbitration Clause Confirmed; Court's Role Limited to Section 11(6) of Arbitration and Conciliation Act, 1996.

The petitioner, Master Drilling India Private Limited, entered into an Equipment Supply Agreement dated 01.10.2021 with the respondent, Sarel Drill & ...

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Bombay High Court Dismisses Second Appeal of Licensee in Possession Suit — Licensee Paying License Fee Not a Tenant Under Rent Control Order. Permission of Rent Controller Not Required for Eviction of Licensee Under C.P. & Berar Letting of Houses and Rent Control Order, 1949.

The respondent, a public trust registered under the Bombay Public Trust Act, 1950, owned premises in Wardha for promotion of Khadi and Village Industr...

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Bombay High Court Allows Second Appeal in Property Possession Dispute — Agreement of Sale Not a Valid Transfer of Title. Suit for possession based on agreement of sale dismissed as agreement does not confer ownership and suit is barred by limitation.

The case involves a dispute over agricultural land Survey No.22 (old) Gut No.11 admeasuring 6.44 acres at Mouza Savangi, Tahsil Kuhi, District Nagpur....

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Bombay High Court Dismisses Appeals by Wife and Co-Respondent, Upholds Divorce Decree on Grounds of Adultery, Desertion, and Cruelty Under Hindu Marriage Act, 1955. Wife's Voluntary Sexual Intercourse with Co-Respondent and Desertion Established by Preponderance of Probabilities.

The case involves two family court appeals arising from a divorce petition filed by Sushil (husband) against Sangeeta (wife) under Section 13(1)(i), (...

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Bombay High Court Allows Appointment of Arbitrator in Insurance Dispute Despite Insurer's Denial of Liability. Arbitration Clause in Comprehensive Mega Risks Insurance Policy Held to Survive Repudiation of Claim.

The applicant, Essar Steel India Ltd., filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of an ...

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High Court Dismisses Second Appeal in Land Acquisition Case Due to Absence of Substantial Question of Law. Concurrent factual findings by lower courts upheld as appellants failed to establish any legal error in dismissal of suit for injunction and adverse possession claim under Land Acquisition Act, 1894.

The dispute originated from a Regular Civil Suit filed by the plaintiff seeking permanent injunction against the State of Gujarat and its officers to ...