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Bombay High Court Upholds Dismissal of Workman for Habitual Absenteeism in MRTU and PULP Act Complaint. Concurrent findings of fact by Labour Court and Industrial Court not interfered with under writ jurisdiction as no perversity or violation of natural justice established.

The petitioner, Francis Xavier, was employed by M/s. Magna Graphics (I) Pvt. Ltd. and was dismissed on 24 August 1995 for habitual absenteeism. He cha...

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Bombay High Court Quashes Premature Retirement Order Against Employee in National Textile Corporation — Violation of Natural Justice and Lack of Application of Mind. Order Set Aside as Corporation Failed to Consider Employee's Representation and Did Not Follow Its Own Premature Retirement Scheme.

The petitioner, Vasant Lalchand Shah, joined the National Textile Corporation (NTC) in December 1978 as a Weaving Master. He had prior experience of o...

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Bombay High Court Allows Appeal in Trust Dispute, Sets Aside Removal of Trustees Under Bombay Public Trust Act. Court holds that the Charity Commissioner's order removing trustees was without jurisdiction as the dispute was not a 'change' under Section 22 of the Act.

The case involves a dispute among trustees of an educational trust registered under the Bombay Public Trust Act, 1950. The appellants, who were truste...

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Bombay High Court Directs State to Formulate Comprehensive Policy for Prevention of Farmer Suicides. Court holds that the State must provide ex-gratia assistance to families of farmers who committed suicide due to agricultural indebtedness, recognizing the constitutional duty under Article 21.

The judgment arises from a Public Interest Litigation initiated by a letter from the All India Bio Dynamic and Organic Farming Association to the Chie...

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Bombay High Court Dismisses Leave to Appeal by First Informant in Motor Accident Case — First Informant Not a 'Complainant' Under Section 378(4) CrPC. Victim Who Was Driver of Fire Tender Cannot Maintain Appeal Against Acquittal as He Was Not the Complainant in the Trial.

The applicant, Damodar Pednekar, was the driver of a fire tender involved in an accident with a motorcycle driven by the accused, Umakant Naik. The ap...

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Bombay High Court Allows Appeal in Specific Performance Suit — Rejects Application for Rejection of Plaint Under Order VII Rule 11 CPC. Agreement for Sale Not Concluded Contract but Continuous Offer, Plaint Discloses Cause of Action.

The appellant, M/s. Everhome Properties Pvt. Ltd., filed a suit for specific performance of an agreement for sale dated 15.07.2019 against the respond...

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Bombay High Court Dismisses Union's Petition Challenging Industrial Tribunal Award in Contract Labour Absorption Case. Contract between principal employer and contractor held not sham; canteen workers not entitled to absorption under Factories Act, 1948.

The Goa M.R.F. Employees Union filed a writ petition challenging the award of the Industrial Tribunal of Goa, which held that the demand for absorptio...

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Bombay High Court Dismisses Petition by Society Members Challenging Arbitral Award for Lack of Locus Standi. Non-signatories to arbitration agreement cannot challenge award under Section 34 of Arbitration and Conciliation Act, 1996.

The petitioners, who are members of Apsara Co-operative Housing Society Ltd., filed a petition under Section 34 of the Arbitration and Conciliation Ac...

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Bombay High Court Dismisses RTI Activist's Petition Seeking Income Tax Returns of Public Figure. Holds That Personal Information of Third Party Cannot Be Disclosed Unless Larger Public Interest Is Established Under Section 8(1)(j) of RTI Act, 2005.

The petitioner, Shailesh Gandhi, an RTI activist and former Central Information Commissioner, filed a writ petition under Article 226 of the Constitut...

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Bombay High Court Grants Probate of Will Dated 1977 Despite Limitation and Forgery Challenges. Executor Succeeds in Proving Due Execution and Testamentary Capacity of Testator Who Died in 1979.

The plaintiff, Suresh Manilal Mehta, filed a petition for probate of a Will dated 16th March 1977 allegedly executed by Rameshchandra Jamnadas Dalal (...