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Bombay High Court Dismisses Civil Revision Application Against Rejection of Plaint Under Order VII Rule 11 CPC in Suit for Specific Performance and Declaration of Title. Limitation Issue Held to Be Mixed Question of Fact and Law Requiring Trial.

The present Civil Revision Application (CRA) was filed by Defendant No.9 (the applicant) impugning an order dated 10.04.2023 passed by the Trial Court...

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Bombay High Court Dismisses Petition Challenging Eviction Order Under Maintenance and Welfare of Parents and Senior Citizens Act, 2007 — Children Cannot Invoke Act Against Parent. The Act is designed for maintenance and welfare of senior citizens, not for children to seek eviction of their father.

The petitioners, Mrs. Nayana Sudhir Shah (wife of respondent No.1) and their major children, filed a Writ Petition under Article 227 of the Constituti...

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Bombay High Court Dismisses Section 9 Petition Seeking Garnishee Order Against Third Party in Arbitral Proceedings. Interim relief under Section 9 of the Arbitration and Conciliation Act, 1996 cannot be granted against a non-signatory to the arbitration agreement without a prima facie case of liability.

The petitioner, Jatin Keshruwala, sole proprietor of Janvi Production, filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996,...

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Bombay High Court Dismisses Petition Challenging Rejection of Plaint Rejection Application Under Order VII Rule 11 CPC. Court holds that valuation for court fees and jurisdiction is a mixed question of law and fact not to be decided at preliminary stage.

The petitioner, M/s Prism Reality, filed a writ petition under Article 227 of the Constitution challenging the order dated 30.07.2014 passed by the le...

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Bombay High Court Dismisses Union's Petition Challenging Industrial Tribunal Award in Contract Labour Absorption Case. Contract between principal employer and contractor held not sham; canteen workers not entitled to absorption under Factories Act, 1948.

The Goa M.R.F. Employees Union filed a writ petition challenging the award of the Industrial Tribunal of Goa, which held that the demand for absorptio...

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Bombay High Court Dismisses Petition Challenging Deletion of Section 255 IPC in Bank Fraud Case. Allegations of Counterfeiting Government Stamp on Sale Agreements Attract Sessions Trial Under Section 255 IPC.

The petitioner, Himanshu @ Hemant @ Rajendra Bhatt, was one of the accused in Sessions Case No.468 of 2005 arising from a complaint by the Chief Manag...

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Bombay High Court Dismisses Union's Petition Challenging Industrial Tribunal Award on Regularisation of Canteen Workers. Contract Labour System Upheld as Genuine, Not a Sham, and Workers Not Entitled to Direct Employment by Principal Employer.

The judgment arises from a writ petition filed by Contract Laghu Udyog Kamgar Union challenging an award of the Industrial Tribunal dated 19th March 2...