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Supreme Court Upholds Return of Plaint in Commercial Dispute Case — Immovable Property Not Used Exclusively in Trade or Commerce. Agreement to Sell and Mortgage Deed Registration Dispute Falls Outside Commercial Courts Act, 2015 as Land Was Not Pled to Be Used for Trade or Commerce.

The appellant, Ambalal Sarabhai Enterprises Ltd., filed a Commercial Civil Suit No. 41/2018 before the Commercial Court at Vadodara seeking enforcemen...

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Supreme Court Allows Appeal by Bank Management in Dispute Over Supervisory Allowance Claim by Head Cashiers Under Sastry and Desai Awards. Labour Court's Order Granting Special Allowance Set Aside as Head Cashiers' Duties Were Primarily Clerical and Any Supervisory Work Was Incidental.

The dispute arose between the Management of State Bank of Hyderabad and its head cashiers, who were respondents, regarding their claim to a special al...

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Bombay High Court Dismisses Writ Petition Seeking Reconveyance of Land Transferred for Electricity Sub-Station. Petitioner's claim of coercion and duress after ten years rejected as the transfer was a voluntary commercial transaction under a registered Deed of Transfer.

The petitioner, Goan Real Estate and Construction Pvt. Ltd., filed a writ petition under Article 226 of the Constitution of India seeking a writ of ma...

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Bombay High Court Dismisses Appeal Against Official Liquidator's Report Seeking Declaration of Sale as Null and Void in Company Liquidation. Transfer of Leasehold Rights by Company in Liquidation Without Court Sanction Held Invalid Under Section 536(2) of Companies Act, 1956.

The appeal arose from a judgment of the learned Company Judge allowing the Official Liquidator's report seeking a declaration that the sale of immovab...

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Karnataka High Court Refers Questions on Applicability of Payment of Gratuity Act to Temples to Full Bench. Division Bench Finds Arguable Questions Whether Temple is 'Commercial Establishment' Under Karnataka Shops Act and Whether Prior Precedent on Temple Employee's Gratuity is Correct.

The dispute arose when a former employee of Shri Mookambika Temple, Kollur, claimed gratuity under the Payment of Gratuity Act, 1972 after his superan...

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High Court of Bombay at Goa Sets Aside Appellate Court Order Cancelling Sale Deed for Violating Natural Justice — Affected Third Party Not Heard. Cancellation of Sale Deed and Tri-partite Lease Deed on Injunction Appeal Reversed for Want of Impleadment of Purchaser.

The dispute arose out of Regular Civil Suit No.69/2004 filed by the Plaintiff (Respondent No.1 in all writ petitions) claiming to be a permanent Direc...

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Bombay High Court Hears Challenge to Stamp Duty on Agreement to Lease, Examining Impact of Deletion of Explanation III to Article 36 of Bombay Stamp Act, 1958

These writ petitions were filed under Article 226 challenging orders of the stamp authorities demanding deficit stamp duty on agreements to lease exec...

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High Court Sets Aside Industrial Court's Interim Order in Wage Increment Dispute - Brihanmumbai Municipal Corporation's Policy Modification Upheld Against Employee Unions

The High Court allowed the writ petitions filed by Brihanmumbai Municipal Corporation challenging the Industrial Court's interim order that stayed the...

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High Court of Judicature at Bombay Rules on Arbitration Petition No.846 of 2014 Under Section 34 of the Arbitration Act. The Court Considers Whether the Arbitral Award Dated 22 March 2014 Should Be Set Aside in Light of Various Share Sale Agreements Between the Parties.

The matter before the High Court of Judicature at Bombay arose from an arbitration petition filed by Haresh Advani under Section 34 of the Arbitration...