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High Court Upholds Labour Court Award of Reinstatement with Back Wages for Bank Employee Terminated Without Proper Inquiry. Termination Based on Criminal Arrest Without Conviction and Without Domestic Inquiry Held Illegal Under Industrial Disputes Act, 1947.

The petitioner, ICICI Bank Ltd., challenged the awards passed by the Labour Court at Kolhapur dated 13th February 2014 (Part-I Award) and 15th May 201...

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High Court of Bombay at Goa Dismisses Petition Challenging Labour Commissioner's Order Under Section 33C(1) of Industrial Disputes Act, 1947 — Recovery Certificate for Backwages Upheld Despite Bank's Claim of Limitation and Set-Off

The petitioner, The Goa Urban Co-operative Bank Ltd., challenged an order dated 24/03/2017 passed by the Labour Commissioner under Section 33C(1) of t...

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Supreme Court Upholds Termination of Temporary Civil Judge's Services Under M.P. Temporary Service Rules, 1960. Order Found Non-Punitive and Article 311 Not Attracted as It Did Not Cast Any Stigma.

The appeal arose from a writ petition filed by a temporary Civil Judge in the State of Madhya Pradesh challenging the termination of his services. The...

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Bombay High Court Appoints Sole Arbitrator in Family Dispute Over Partnership and Company Matters — Mediation Failed. Court holds that disputes arising from Deed of Family Settlement and Partnership Deed are arbitrable and that non-signatory companies can be joined as parties to arbitration.

The case involves two groups of the same family, the CPS group (Chandrakant Phoolchand Sanghvi and others) and the APS group (Anilkumar Phoolchand San...

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Bombay High Court Dismisses Petitioner's Challenge to Disqualification from Tender for Violation of Non-Compete Clause. Clause 8.31 of Licence Agreement Between GTI and JNPT Prohibited Promoters from Bidding for Competing Projects, and Subsequent Government Policy Could Not Be Read into Existing Contract.

The petitioner, APM Terminals B.V., a Dutch company, along with Container Corporation of India Ltd (CONCOR), formed a joint venture company called Gat...

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Bombay High Court Dismisses Arbitration Application in Development Agreement Dispute Due to Novation Extinguishing Arbitration Clause. Deed of Novation Substituted Original Agreement Without Arbitration Clause, No Prima Facie Arbitration Agreement Exists Between Applicant and Respondents.

The applicant, M/s. Mukesh Patel and Ors., filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of...

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Supreme Court Dismisses Appeal Against Tender Cancellation in Public Procurement Case — State's Decision to Cancel Tender Upheld as Not Arbitrary Under Article 14 of the Constitution.

The appeal arose from a High Court order dismissing a writ petition challenging the cancellation of a tender by the State. The appellant, a bidder, co...

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Bombay High Court Restrains Government from Terminating Salt Land Lease Without Proper Notice and Hearing. Lease Termination Order Set Aside for Violation of Principles of Natural Justice and Non-Compliance with Section 106 of the Transfer of Property Act, 1882.

The plaintiff, Vikas Kamalakar Walawalkar, filed a suit seeking a declaration that the termination of lease/grant of salt land by the Deputy Salt Comm...