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High Court of Karnataka Allows Appeal in Municipal Election Dispute — Sets Aside Dismissal of Election Petition for Non-Prosecution. Restoration of Election Petition Granted as Tribunal Failed to Consider Sufficient Cause for Absence Under Section 151 CPC.

The appellant, Mr. K. Krishnaraj Hegde, filed an election petition under Section 21 of the Karnataka Municipal Corporation (Election) Act 1979 before ...

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Bombay High Court Upholds Reinstatement of Conductor in MSRTC Disciplinary Case — Industrial Court's Discretion to Modify Punishment Upheld. Dismissal for unpunched tickets and cash excess set aside as disproportionate; reinstatement without back wages ordered.

The petitioner, the Divisional Controller of Maharashtra State Road Transport Corporation (MSRTC), challenged the judgment of the Industrial Court at ...

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Bombay High Court Allows Petition Against Railway Eviction Notice for Non-Compliance with Statutory Requirements. Notice under Section 4 of the Railway Land (Unauthorised Occupation) Act, 1966 must specify the period of occupation and be served on the person in occupation.

The petitioners, Bhupendra Villa Premises Co-operative Society Limited, M/s. Ramesh Builders, and Rajen Harshadlal Sanghvi, filed a writ petition unde...

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Bombay High Court Upholds Industrial Court's Dismissal of ULP Complaints; Voluntary Resignation Scheme Not Retrenchment Under Section 25H ID Act. Workers' Claim for Re-employment Rejected as Agreement Dated 05.12.1991 Was Not a Settlement Under BIR Act.

The Bombay High Court, Nagpur Bench, dismissed two writ petitions filed under Articles 226 and 227 of the Constitution by former employees of Sunrise ...

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Bombay High Court Upholds Eviction Decree Against Tenant for Change of User from Residential to Commercial. Tenant's Use of Premises for Storing Cloth Packages and Business Constitutes Change of User Under Rent Control Legislation.

The case involves a Civil Revision Application filed by the original defendants (tenants) challenging the judgment and decree of the lower Appellate C...

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Bombay High Court Dismisses Second Appeal in Suit for Possession and Mesne Profits — Concurrent Findings of Fact Not Interfered With. Suit for possession based on title and prior possession; appellate court refused to re-appreciate evidence in second appeal under Section 100 CPC.

The present second appeal was filed by the original defendant No.1 challenging the judgment and decree passed in Regular Civil Appeal No.238 of 1987 b...

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High Court of Karnataka Considers Writ Petition Against Land Tribunal’s Grant of Occupancy Rights. Dispute Involves Validity of Tenancy Surrender and Continuation of Possession Under Sections 44 and 7 of Karnataka Land Reforms Act, 1961.

The writ petition under Articles 226 and 227 of the Constitution of India challenged the order of the Land Tribunal, Hirekerur, dated 17.07.2002, whic...

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Bombay High Court Dismisses Writ Petition of Bus Conductor Challenging Dismissal for Misappropriation. Industrial Court's Revision Under Section 44 of MRTU and PULP Act, 1971 Upheld as Labour Court's Reinstatement Order Was Perverse.

The petitioner, Khanderao Punjabrao Mundhe, was employed as a bus conductor with the Maharashtra State Road Transport Corporation (MSRTC) in 1979. On ...