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Bombay High Court Dismisses Petition Challenging Re-examination of Witness in Civil Suit. Re-examination Permissible to Explain Ambiguities Arising from Cross-Examination Under Order 18 Rule 4 CPC.

The petitioner, Shri Gurdial Singh, proprietor of M/s Bir Horizons, filed a writ petition under Article 227 of the Constitution challenging an interlo...

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Bombay High Court Allows Exclusion of Time Under Section 14 of Limitation Act for Appeal Under Section 35 of FEMA — Appellant Bona Fide Pursued Remedies Before Wrong Forum

The appellant, Rajkumar Shivhare, was issued a show cause notice under Section 3(C) of the Foreign Exchange Management Act, 1999 (FEMA) on 12 January ...

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Bombay High Court Dismisses Petitions Challenging Consent Decree in Suit for Specific Performance — No Fraud or Collusion Found in Consent Terms Filed by Counsel. Consent decree upheld as valid and binding under Order XXIII Rule 3 CPC.

The petitioners, Dhanaji Kashinath Shendkar and others, filed writ petitions challenging a consent decree passed in a suit for specific performance. T...

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Bombay High Court Allows Doctors' Challenge to Bond Posting Policy - State Directed to Post Doctors in Positions Commensurate with Their Qualifications. The court held that enforcing a bond to serve in non-commensurate postings violates Article 19(1)(g) and Article 14 of the Constitution of India.

The petitioners, a group of doctors with super specialty (DM/M.Ch), broad specialty (MD/MS), and PG diploma qualifications, challenged the State Gover...

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Bombay High Court Dismisses Union's Challenge to Transfer Order, Upholds Management's Right to Transfer Employees for Administrative Reasons. Transfer of Union Office Bearer Not Automatically Mala Fide; Employee Must Establish Malafide or Illegality to Resist Transfer.

The petitioner, Dharmarajya Kamgar Karmachari Mahasangh, a trade union, challenged an interlocutory order passed by the Industrial Court refusing to s...

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Bombay High Court Dismisses Petition Challenging Representation by Advocate as Officer of Employers' Association Under Section 36 of Industrial Disputes Act. Advocate-Officer Can Represent Employer Without Leave of Court as Capacity as Officer Is Distinct from That of Advocate.

The petitioner, Atul Pande, filed a writ petition challenging an interlocutory order dated 3 March 2012 passed by the Presiding Officer, Labour Court,...

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Bombay High Court Quashes Industrial Court Order for Lack of Reasons in Labour Dispute — Revisional Court Must Give Reasons Even on Preliminary Issues. The Industrial Court's rejection of revision without reasons was held unsustainable; matter remanded for fresh reasoned order.

The Petitioner, Haffkine BioPharmaceuticals Corporation Ltd., a State Government Undertaking, challenged the order dated 7 July 2012 passed by the Ind...