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Bombay High Court Upholds Dismissal of Employee in Disciplinary Proceedings for Misconduct. Court holds that findings of domestic enquiry are not perverse and punishment is proportionate.

The petitioner, TCE Consulting Engineers Ltd., challenged the order of the Industrial Court which set aside the dismissal of the first respondent, Dil...

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Bombay High Court Allows State's Petition, Upholds Reduction in Pension of Retired Jailor for Misconduct. Disciplinary Proceedings Validly Continued After Superannuation Under Rule 27(2) of Maharashtra Civil Services (Discipline and Appeal) Rules, 1979.

The State of Maharashtra filed a writ petition challenging the order of the Maharashtra Administrative Tribunal which had set aside the punishment of ...

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Bombay High Court Allows Appeal by Union of India in Customs Gold Confiscation Case — Confessional Statements Under Section 108 of Customs Act, 1962 Are Admissible Evidence and Cannot Be Discarded Without Proof of Coercion.

The case involves an appeal by the Union of India and the Commissioner of Customs (Prev.) against an order of the Customs, Excise and Service Tax Appe...

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Bombay High Court Allows Writ Petition Challenging Dismissal of Employee Without Proper Domestic Inquiry — Violation of Natural Justice and Service Rules. The court held that dismissal without a proper domestic inquiry is invalid and directed reinstatement with back wages.

The case involves a writ petition filed by Mrs. Vatsala Premchand Sarmal, the petitioner, challenging the dismissal of the First Respondent, Mr. Raghu...

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Bombay High Court Dismisses Appeal Against Rejection of Section 34 Petition in Arbitration Dispute Over Bridge Construction. Arbitral Award Upheld as Not Contrary to Public Policy Under Section 34 of Arbitration and Conciliation Act, 1996.

The appellant, Konkan Railway Corporation Limited (owner), entered into a contract with the respondent, M/s. Oriental Construction Company Limited (co...

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High Court of Bombay Dismisses Insurance Company's Appeal in Motor Accident Claim — Insurer Liable Despite Alleged License Breach. Deceased was a third party and insurer failed to prove willful breach of policy conditions under Section 149 of Motor Vehicles Act, 1988.

The case arises from a motor accident claim filed by the dependents of deceased Ajay Avatade, who died in a road accident on 6th February 2012. The cl...

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Bombay High Court Dismisses Writ Petition of Headmistress Against Termination, Upholds School Tribunal's Order. Disciplinary Enquiry Under Maharashtra Employees of Private Schools (Conditions of Service) Rules Not Vitiated by Procedural Irregularity as Employee Failed to Nominate Her Representative.

The petitioner, Smt. Anupama Kishor Khanolkar, was appointed as an Assistant Teacher in Abhinav Vidya Mandir (English Medium) in 1989. In 1994, she wa...

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Bombay High Court Dismisses Petition to Set Aside Arbitral Award Under Section 34 of Arbitration and Conciliation Act, 1996 — No Patent Illegality Found. Arbitrator's Interpretation of Contractual Clauses Held Plausible and Not Open to Interference.

The petitioner, Jawaharlal Nehru Port Trust, challenged an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996, before the B...