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Bombay High Court Upholds Labour Court Award of Reinstatement with Back Wages for Workman Retrenched Due to Computerization. Introduction of computers does not constitute a valid ground for retrenchment without compliance with Section 25-F of the Industrial Disputes Act, 1947.

The judgment arises from two writ petitions challenging a common award of the Labour Court dated 19th September 2002. The workman, Mohammed Asad Khan,...

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Bombay High Court Allows Criminal Writ Petition Challenging Magistrate's Refusal to Summon Witnesses in Private Complaint Case. Court holds that the complainant has a right to examine witnesses and the Magistrate cannot refuse to summon them on the ground that they are not cited in the complaint.

The petitioner, Chandrakant Shriram Sharma, is the complainant in S.C.C. No. 1292/2009 pending before the Judicial Magistrate, First Class, Pachora, D...

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Bombay High Court Allows Freedom Fighter Pension Claim for Underground Participant in Hyderabad Mukti Sangram. Rejection of Second Application Set Aside as Authorities Failed to Consider Fresh Material and Apply Correct Policy.

The petitioner, Kalidas Nivrutti Dhale, an 86-year-old underground freedom fighter, filed a writ petition under Articles 226 and 227 read with Article...

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Bombay High Court Dismisses Writ Petition Challenging Return of Appeal Memo for Lack of Pecuniary Jurisdiction. Forum of appeal determined by valuation in decree, not plaint valuation under Section 8 of Suits Valuation Act, 1887 and Section 6 of Bombay Civil Courts Act, 1869.

The petitioners, original plaintiffs, filed Regular Civil Suit No.1171 of 2006 seeking declaration that a gift deed dated 10/11/2005 executed by defen...

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High Court of Bombay Dismisses Arbitration Petition in Interest on Security Deposit Dispute. Contractual Bar on Interest and Non-Applicability of Section 31(7)(a) Arbitration Act Renders Claim Unsustainable; Arbitrator’s Finding on Evidence Upheld.

The dispute arose from an agreement dated 30 December 1996 between the petitioner, M/s. Mascon Multiservices & Consultants Pvt. Ltd., and the responde...

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Bombay High Court Dismisses Second Appeal in Property Dispute — Upholds Concurrent Findings of Lower Courts. Plaintiff Failed to Prove Title and Possession Over Suit Shop; Adverse Possession Claim Rejected Under Limitation Act.

The case involves a second appeal filed by the appellant, who is the grand-daughter-in-law of the original plaintiff Gangabai Gilda. The suit property...

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Bombay High Court Dismisses Employer's Petition Challenging Reinstatement of Employees in Industrial Dispute Under Bombay Industrial Relations Act, 1946. Employer Failed to Prove Voluntary Abandonment of Service; Termination Without Specific Order Held Illegal.

The petitioner, M/s. Empire Dyeing, a textile processing company, filed a writ petition under Article 226 of the Constitution of India challenging a c...

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High Court of Gujarat Partly Allows Petitioner in Pension Penalty Case After Acquittal — Directs Payment of Arrears with Interest on Delay. Modification of Penalty from Full Pension Cut to Partial Cut and Direction to Release Arrears Within Timeframe, Failing Which 6% Interest Applies

The petitioner, a retired government servant, filed Special Civil Application No. 14326 of 2017 challenging an order dated 12.07.2017 that imposed a p...

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High Court of Bombay Examines State's Challenge to Enhanced Compensation in Land Acquisition Matter; Determination of Market Value Under Section 23 of Land Acquisition Act, 1894 Considered. Reference Court's Valuation of Rs.500 per Square Metre Scrutinized Based on Comparability of Sale Instances.

The Bombay High Court, in a first appeal under Section 54 of the Land Acquisition Act, 1894, examined the State of Maharashtra's challenge to the Refe...