Search Results for "wilful conduct"

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Bombay High Court Dismisses Contempt Petition for Alleged Violation of Status Quo Order in Arbitration Dispute. Status Quo Order Ambiguous and Not Willfully Disobeyed by Respondents in Sale of Flats Under Section 9 of Arbitration and Conciliation Act, 1996.

The judgment arises from a contempt petition filed by Amkhim Holdings Pvt. Ltd. and Vasant Kotak & Bros. Trading & Investments Pvt. Ltd. against respo...

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Bombay High Court Upholds Civil Imprisonment for Breach of Injunction in Property Dispute. Willful Disobedience of Court Order Under Order 39 Rule 2-A CPC Attracts Punishment Despite Pending Appeal.

The case involves a family dispute over land Gut No.84. The appellants (Vijaykumar and Anilkumar Kucheriya) filed Regular Civil Suit No.250 of 2015 fo...

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Bombay High Court Sets Aside Order Striking Off Defence in Easement Suit — Inquiry Required Before Penalty Under Order XXXIX Rule 2A CPC. The court held that striking off defence is a harsh order and can only be passed after an inquiry establishing wilful disobedience of an injunction order.

The appellants, original defendants in a suit for easementary rights, challenged an order of the Civil Judge, Senior Division, Quepem dated 16.9.2020,...

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Bombay High Court Allows Petition of Federation Against Labour Court Order in Unfair Labour Practice Case — Workman Status Denied Due to Supervisory Role. Respondent's designation as Centre In-charge with supervisory duties excluded him from definition of 'workman' under Industrial Disputes Act, 1947.

The case involves a writ petition filed by the Maharashtra Rajya Sahakari Kapus Utpadak Panan Mahasangh Maryadit (the Federation) challenging the orde...

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Bombay High Court Dismisses Petition Challenging Forfeiture of Gratuity for Bank Employee Found Guilty of Financial Irregularities. Disciplinary Inquiry Sufficient for Forfeiture Under Section 4(6) of Payment of Gratuity Act, 1972; Acts Amount to Wilful Omission and Moral Turpitude.

The petitioner, Nanubhai Nichhabhai Desai, worked as a clerk with UCO Bank for over 31 years. His services were terminated by compulsory retirement wi...

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High Court of Karnataka Quashes Family Court Order Striking Out Defence in Divorce Case — Violation of Natural Justice. Failure to Grant Opportunity to Cross-Examine Witnesses Before Striking Out Defence Under Section 13(1)(ia) of Hindu Marriage Act, 1955.

The petitioner, Dr. Deepak Kumar M.M., and the respondent, Dr. Poornima S., were married on 15 December 2010 in Bangalore. The respondent filed a divo...

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Bombay High Court Dismisses Appeal Against Striking Off Defence in Foreign Award Enforcement. Non-compliance with interim orders under Section 9 of Arbitration and Conciliation Act, 1996 leads to striking off defence under Order 39 Rule 11 CPC.

The appeal arose from a judgment of a learned Single Judge of the Bombay High Court dated 4 October 2012, which allowed a motion under Order 39 Rule 1...

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Bombay High Court Allows Employer's Petition in Gratuity Dispute — Holds That Dismissal for Disorderly Behaviour Under Model Standing Orders 22(a) and 22(l) Constitutes 'Disorderly Conduct' Under Section 4(6)(b)(i) of Payment of Gratuity Act, 1972, Disentitling Employee to Gratuity.

The petitioner, Jaya Hind Industries Ltd., employed the respondent, Vilas Vithalrao Takale, as a Clerk. Two charge sheets were issued to the responden...