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Bombay High Court Allows Appeal in Industrial Dispute Case — Reinstatement Ordered with Continuity of Service but Without Back Wages. Daily Wage Worker's Termination Held Illegal for Non-Compliance with Section 25F of Industrial Disputes Act, 1947.

The appellant, Chandrakant Prabhakar Jadhav, was a daily wage worker appointed by the State of Maharashtra (Public Works Division) on 1 July 1984. He ...

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Supreme Court Allows MTNL's Appeal Against Arbitration Order in Bond Dispute with Canara Bank. The Court held that arbitration proceedings cannot continue without a written arbitration agreement and without the consent of all necessary parties, specifically CANFINA.

The case involves a dispute between Mahanagar Telephone Nigam Ltd. (MTNL) and Canara Bank regarding bonds issued by MTNL. In 1992, MTNL floated bonds ...

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Bombay High Court Allows Appointment of Neutral Arbitrator in Railway and Airport Authority Contracts — Unilateral Appointment Clause Invalid. Arbitration clause providing for appointment by General Manager or officer of the same entity violates Section 12(5) of Arbitration and Conciliation Act, 1996.

The judgment concerns three matters: two arbitration applications and one arbitration petition, all raising a common question about the validity of ar...

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Supreme Court Allows Appeal in Lease Dispute Over Requirement of Notice Under Section 106 of Transfer of Property Act. Tenant at Sufferance Does Not Require Notice for Eviction Under Section 106 of Transfer of Property Act, 1882.

The dispute concerns a plot of land in Siliguri, West Bengal, leased by the appellant to the respondent for 15 years under an unregistered indenture d...

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Bombay High Court Allows Appointment of Arbitrator in Software Implementation Dispute. Section 11(6) of Arbitration and Conciliation Act, 1996 invoked due to respondent's failure to appoint arbitrator under agreement dated 30 October 2015.

The applicant, SAP India Private Limited, filed an application under Section 11(6) of the Arbitration and Conciliation Act, 1996 seeking appointment o...

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High Court of Bombay Considers Challenge to Arbitral Award in Construction Subcontract Dispute. Petition filed by main contractor against subcontractor's award under Section 34 of Arbitration and Conciliation Act, 1996.

Patel Engineering Co. Ltd (PEC) challenged an arbitral award dated 25 January 2010 under Section 34 of the Arbitration and Conciliation Act, 1996 in t...

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Bombay High Court Dismisses Landlord's Petitions in Leave and Licence Dispute, Upholds Finding of Tenancy. Agreement styled as 'conducting business' held to be a colourable document creating landlord-tenant relationship under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

The dispute pertains to a suit property, a shed admeasuring 7 x 17 feet, owned by the respondent/landlord. The respondent claimed that by an agreement...