Search Results for "wrongful declaration"

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Bombay High Court Dismisses Corporation's Challenge to Reinstatement of Employees in Industrial Dispute. Termination of Employees Without Compliance with Section 25F of Industrial Disputes Act, 1947 Held Illegal and Reinstatement with Back Wages Upheld.

This batch of writ petitions arises from a common dispute between the Maharashtra State Handloom Corporation (the Corporation) and its employees. The ...

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Bombay High Court Allows Writ Petition Seeking Extension of Justice Shetty Commission Benefits to Family Court Staff. The court held that staff of Family Courts at Aurangabad and Nagpur are entitled to the same benefits as staff in other districts under the Family Courts Act, 1984.

The petitioners, who were staff members of the Family Courts at Aurangabad and Nagpur, filed a writ petition under Article 226 of the Constitution of ...

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Bombay High Court Allows Appeal Against Order Rejecting Plaint in Suit for Injunction and Declaration — Dispute Over Common Passage in Residential Building. Court Holds That Disputed Passage Is Not an 'Open Space' Under MOFA Section 1A(e) and That the Suit Is Not Barred by Limitation or Res Judicata.

The appellants, Zenobia R. Poonawala and Rohinton Poonwala, are residents of Flat No.9 in Rutton Manor, a residential building in Colaba, Mumbai. They...

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Bombay High Court Allows Interim Application for Appointment of Court Receiver in Property Dispute Over Extra FSI Entitlement. Dispute concerns interpretation of Deed of Conveyance dated 27.09.1994 regarding additional area rights.

The Plaintiff, Erle Benedict Pereira, filed a suit seeking a declaration for extra FSI/additional area in respect of his entitlement under a registere...

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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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Gujarat High Court Allows Impleadment of Third Parties in Suit for Possession Under Order 1 Rule 10 CPC — Land Dispute Involving Claim of Possession for 60 Years. The court held that persons in possession of suit land are proper parties whose impleadment is necessary for effective adjudication.

The present petition was filed by the petitioners-original plaintiffs under Articles 226 and 227 of the Constitution of India, 1950 challenging the re...

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Bombay High Court Dismisses Petition Challenging Amendment of Plaint in Unfair Trade Practice Suit — Amendment Allowed to Bring Subsequent Resolution on Record Under Order 6 Rule 17 CPC.

The petitioner, City and Industrial Development Corporation Ltd. (CIDCO), filed a writ petition under Article 227 of the Constitution of India challen...

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High Court of Bombay at Goa Allows Writ Petition Challenging Revision Order — Revisional Court Erred in Entertaining Revision Under Section 438 BNSS Against Order Under Section 164 BNSS Without Notice. Order Under Section 164 BNSS Is Summary and Not Subject to Revision; Natural Justice Violated.

The petitioner, Shri Noberto Paulo Sebastiao Fernandes, through his constituted attorney, filed a criminal writ petition before the High Court of Bomb...