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Bombay High Court Allows Second Appeal in Property Suit — Concurrent Findings Set Aside Due to Non-Application of Mind by Lower Appellate Court. Failure to Frame Points for Determination Under Order 41 Rule 31 CPC Warrants Remand for Fresh Disposal.

The present second appeal arises from a suit for declaration and injunction filed by the original plaintiff (respondent herein) against the original d...

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Bombay High Court Upholds Reinstatement of Driver with 50% Backwages in Industrial Dispute Against Hotel. Principal Employer Liability Affirmed Under Industrial Disputes Act, 1947 for Termination by Contractor.

The judgment concerns cross petitions filed by M/s. Chalet Hotels Ltd. (the employer) and Mr. Bhikan Laxman Deokar (the workman) challenging an Award ...

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Bombay High Court Dismisses Petitions Challenging Section 9A of Maharashtra Municipal Councils Act Requiring Caste Validity Certificate for Councillors. Provision Held Valid as It Is a Reasonable Classification to Prevent Fraud on Reservation and Does Not Violate Articles 14 and 243T.

The petitioners, elected councillors of Jalna Municipal Council from reserved categories, challenged the constitutional validity of Section 9A of the ...

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Bombay High Court Dismisses Union of India's Challenge to CAT Order Granting Arrears of Pay to Senior Employee Based on Notional Seniority. The court upheld the Tribunal's direction to fix pay and grant arrears from the date of actual appointment, finding no error in the Tribunal's reasoning.

The Union of India and others filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 1st March 2001 ...

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Bombay High Court Partially Allows Writ Petition Challenging Retirement of Operatives Under Wrong Standing Orders — MRTU & PULP Act, 1971. Industrial Court directed to decide whether petitioners are Operatives governed by Standing Order 20-A or non-operatives under Model Standing Orders.

The petitioners, three employees of M/s Kohinoor Mills (a unit of NTC Ltd.), filed a writ petition under Article 226 of the Constitution challenging t...

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High Court Allows Appeal Against Remand Order in Suit for Declaration of Ownership of Property Near Protected Monument — Held That Trial Court Must Decide Suit on Merits Without Being Influenced by Observations in Remand Order.

The appellant, Balkrishna Padmakar Joshi, filed a Regular Civil Suit No.377 of 2005 seeking declaration of ownership and injunction in respect of a re...