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Bombay High Court Dismisses Petition Challenging Order Refusing Return of Plaint in Suit for Possession of Garage. Court Holds That Question of Valuation and Court Fee Is a Mixed Question of Law and Fact to Be Decided at Trial, Not Under Order 7 Rule 10 CPC.

The petitioner, Ganpat Govind Shigvan, was a defendant in Suit No. 2151 of 2010 filed by the respondent, Preeti Paresh Shah, and her mother for posses...

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Bombay High Court Allows Workman's Petition in Industrial Dispute Challenging Termination and Denial of Back Wages. Termination Held Illegal for Non-Compliance with Section 25F of Industrial Disputes Act, 1947; Full Back Wages Granted as Employer Failed to Prove Gainful Employment.

The petitioner, a workman employed by the Union of India through the Controller of Quality Assurance (Vehicles), Ministry of Defence, challenged his t...

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Bombay High Court Dismisses MSEDCL's Petition Challenging Ombudsman's Order to Restore Consumer's Electricity Supply. The Court upheld the Ombudsman's jurisdiction to entertain billing disputes and direct reconnection without precondition of payment of disputed dues.

The judgment involves two writ petitions arising from the same order of the Electricity Ombudsman dated 17.10.2018. The first petition was filed by th...

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Bombay High Court Allows Appeal Against Rejection of Temporary Injunction in Tender Cancellation Dispute. Court holds that the plaintiff has a prima facie case and balance of convenience in its favor regarding the cancellation of tender acceptance and forfeiture of earnest money.

The appellant, Sunil Mantri Realty Limited, filed an appeal against the order dated 29.09.2009 passed by the learned Joint Civil Judge Senior Division...

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Bombay High Court Dismisses Petition by Union of India and Government Presses Challenging Industrial Tribunal Award. Notice of Change Under Section 9A of Industrial Disputes Act, 1947 Held Invalid Due to Existing Settlement Under Section 2(p) of the Act.

The Union of India and the managements of India Security Press and Currency Note Press, Nashik, filed a writ petition challenging the award of the Cen...

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Bombay High Court Grants Leave to Appeal Against Dismissal of Complaint Under Section 138 NI Act for Want of Prosecution — Technical Dismissal Not on Merits. The court held that dismissal under Section 256 CrPC is not a bar to appeal as it is not a decision on merits.

The applicant, Terna Shetkari Sahakari Sakhar Karkhana Ltd., a cooperative sugar factory registered under the Maharashtra Cooperative Societies Act, 1...

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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 Appeal Against Attachment Before Judgment in Recovery Suit by Financial Institutions. Non-Compliance With Order 38 Rule 5A CPC Does Not Invalidate Order Absent Prejudice.

The appeal arises from a suit filed by financial institutions (respondents 2 to 12) against J.K. Synthetics Limited (appellant) for recovery of dues. ...