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Bombay High Court Allows Writ Petition Challenging Nomination Acceptance in Cooperative Society Elections. Managing Committee Supersession Under Section 78(1) of MCS Act Disqualifies Members from Contesting.

The petitioner, Sunil Pundlikrao Bhise, filed a writ petition before the Bombay High Court, Nagpur Bench, challenging the acceptance of nomination pap...

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Bombay High Court Allows Appeal Against Condition of Security for Vacating Arrest of Cargo in Admiralty Suit - Cargo Owner Not Liable for Demurrage and Port Charges as They Are Not Party to Contract of Carriage

The appellant, Best Food International Pvt. Ltd., filed an appeal under Clause 15 of the Letters Patent against an order dated 4th February 2010 passe...

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Bombay High Court Allows Petitions Challenging Settlement in Industrial Dispute for Breach of Section 12 of Industrial Disputes Act and Rule 11 of Industrial Disputes (Bombay) Rules. Settlement Dated 5.9.2008 Quashed as Void Ab Initio for Non-Compliance with Mandatory Conciliation Procedure.

The judgment concerns two writ petitions challenging a settlement dated 5.9.2008 arrived at in conciliation between NRC Limited (the company) and NRC ...

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High Court of Bombay Dismisses Broker's Challenge to Arbitral Award in Client Dispute Over Delay Paying Charges. Unilateral Charging of 2% Daily Interest Without Specific Agreement or Proof of Loss Held Unconscionable and Not Enforceable Under Section 34 of Arbitration and Conciliation Act, 1996.

The case involves a dispute between Sharekhan Limited, a trading member/broker of the Bombay Stock Exchange (BSE), and Nita Thakkar, a client. The bro...

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Bombay High Court Dismisses Suit as Infructuous After Full Performance of Construction Contract. Specific Performance Claim Becomes Infructuous When Defendant Constructs and Hands Over All 532 Flats and Plaintiff Accepts Possession, Leaving No Issue for Adjudication Under Order XV Rule 1 CPC.

The plaintiff, National Bank for Agricultural and Rural Development, filed a suit in 1989 against M/s. Shah Thakur & Sons and another defendant seekin...

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Bombay High Court Allows Second Appeal in Teacher Appointment Dispute — Violation of Government Directives Under Grant-in-Aid Code Can Give Rise to Civil Suit. Government Resolutions and Notifications Issued for Regularising Grant-in-Aid Code Are Not Mere Administrative Orders but Binding Directions.

The appellant, Tukaram Pandurang Matekar, was the original plaintiff. He was a graduate holding an S.T.C. Diploma and was appointed as a trained teach...