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Bombay High Court Dismisses Petition Against Civil Suit for Medical Negligence Despite Prior Consumer Forum Dismissal. Principle of Res Judicata Not Applicable to Consumer Forum Decisions Under Section 9 of Consumer Protection Act, 1986.

The case involves a dispute over medical negligence leading to the death of a baby boy. The respondents (parents) initially filed a complaint before t...

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Bombay High Court Allows Cross Appeals in Part in Arbitration Dispute Over Interim Measures Under Section 9 of the Arbitration and Conciliation Act, 1996. The Court Clarifies That an Award Creditor Can Seek Interim Relief During Section 34 Proceedings to Secure the Award Amount.

The case involves cross appeals under Section 37 of the Arbitration and Conciliation Act, 1996 arising from a common order dated 1 July 2019 passed by...

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Bombay High Court Dismisses MSRTC's Petition Challenging Labour Court Order Setting Aside Termination with Retrospective Effect. Termination of Employee with Retrospective Effect from Date of Medical Unfitness Held Illegal as It Deprives Employee of Opportunity to Be Heard.

The petitioner, Maharashtra State Road Transport Corporation (MSRTC), challenged the judgment of the Labour Court dated 22.08.2017 allowing Complaint ...

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Bombay High Court Allows Back Wages for Employee in Faulty Enquiry Case. Employer Directed to Pay Full Back Wages from Termination to Reinstatement Despite Option for De Novo Enquiry.

The petitioner, Manohar Pandit Marathe, was an employee of Sharda Vidya Prasarak Mandal. He was terminated from service on 20/01/2009. He challenged t...

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Bombay High Court Allows Release of Vehicle Seized in NDPS Case to Owner on Supurdnama — Vehicle Not Liable to Confiscation Without Conviction. The Court held that the NDPS Act does not bar release of a vehicle pending trial, and the Sessions Court erred in rejecting the application for interim custody.

The petitioner, Anil Navnath Marathe, was the owner of a Mahindra Max Jeep bearing registration No. MH-12-EF-5860. He was also accused no. 2 in NDPS (...

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Bombay High Court Dismisses Petition Challenging Industrial Court's Order Setting Aside Reinstatement and Backwages Due to Limitation Under Section 42(4) of Bombay Industrial Relations Act, 1946. Approach Notice Filed Beyond Stipulated Period Without Sufficient Cause, Hence Labour Court's Order Set Aside.

The petitioner, Pedru Mozes Fernandes, was a permanent workman employed as a boiler serviceman at Tata Mills from 1st March 1973. He worked continuous...