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Bombay High Court Dismisses Petitions Challenging Rejection of Discharge Applications in Corruption Case. Special Judge's Transfer of Case to Chief Judicial Magistrate Under Section 228 CrPC Does Not Bar Magistrate from Entertaining Discharge Applications.

The petitioners, Bharat Tukaram Redkar and others, were accused in separate criminal cases for offences under the Prevention of Corruption Act, 1988 (...

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Bombay High Court Allows Recovery Suit for Cotton Price and Interest — Contract Deemed Accepted Under Clause 33. The court held that the defendant was liable to pay the price of cotton bales and other charges with interest at 20% per annum.

The plaintiff, The Cotton Corporation of India Ltd., filed a suit for recovery of Rs.15,78,006.49 along with interest at 20% per annum against the def...

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Bombay High Court Dismisses Petition Challenging LIC's Reduction in Gratuity Fund Policy Surrender Value. LIC's decision to pay 92.5% of cash accumulation upheld as consistent with policy terms and not arbitrary.

The petitioners, trustees of the Godrej & Boyce Manufacturing Company Limited Employees’ Gratuity Trust Fund, had taken out a group gratuity policy ...

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Bombay High Court Allows Petitions Challenging Labour Court Orders Under Section 33C(2) Industrial Disputes Act. Employer-Employee Relationship Must Be Established Before Invoking Section 33C(2) and Cannot Be Decided as Incidental Issue.

The judgment involves two writ petitions challenging orders of the Labour Court under Section 33C(2) of the Industrial Disputes Act, 1947. The petitio...

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Bombay High Court Upholds Temporary Injunction in Favor of Plaintiff in Suit for Declaration of Title and Possession. The court found that the plaintiff had made out a prima facie case and that the balance of convenience was in his favor, restraining the bank from evicting him pending suit.

The appeal arises from a suit filed by the respondent No.1 (original plaintiff) against the appellant (original defendant No.1) and respondent Nos.2 a...

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Bombay High Court Dismisses Landlords' Petition Challenging Remand Order by Maharashtra Revenue Tribunal in Tenancy Dispute. Finality Clause under Section 73 of Bombay Tenancy and Agricultural Lands Act, 1948 Does Not Bar Revision Jurisdiction of Tribunal When Possession Issue Remains Unresolved.

The petitioners, landlords, were aggrieved by an order of the Maharashtra Revenue Tribunal (MRT) dated 31 July 1991 in Revision Application No. MRT.P....

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Bombay High Court Dismisses Appeal Against Refusal to Revoke Leave Under Clause XII Letters Patent in Summary Suit on Guarantee. Jurisdiction upheld as part of cause of action arose in Mumbai due to disbursement and part payments.

The appeal arose from a summary suit filed by Rabo India Finance Limited (Plaintiff) against Gouri Prasad Goenka (Defendant) based on guarantees execu...

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Bombay High Court Allows Petition Challenging Section 9 Jurisdiction in International Commercial Arbitration — Implied Party Finding Set Aside. Part I of Arbitration and Conciliation Act, 1996 applies to pre-BALCO agreements, but non-signatory cannot be treated as implied party without express consent.

The petitioners, GL Asia Mauritius II Cayman Limited and others, filed a writ petition challenging an order dated 21/08/2010 passed by the District Ju...

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Bombay High Court Upholds Trial Court's Decision to Frame Preliminary Issue on Jurisdiction in Money Recovery Suits. Court holds that Order XIV Rule 2 CPC allows framing of preliminary issue on jurisdiction even if it involves mixed questions of law and fact.

The petitioners, original plaintiffs in five separate Special Civil Suits for recovery of money and paintings, challenged an order dated 11.06.2012 pa...