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Supreme Court Allows Bank of Baroda's Appeal Against High Court Order Quashing Termination of Probationary Employee. Unsatisfactory Performance and Misconduct During Probation Justify Termination Without Stigma.

The present appeal arises from a judgment of the Calcutta High Court which allowed the writ petition of the respondent-employee and quashed his termin...

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Supreme Court Upholds BIADA's Right to Recover Unearned Increase Based on Circle Rate in Industrial Land Transfers. Authority Entitled to Fair Share of Appreciation When Allottee Transfers Leasehold Rights for Commercial Gain.

The Supreme Court of India heard four civil appeals arising from orders of the Patna High Court concerning the calculation of unearned increase payabl...

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Bombay High Court Dismisses Application for Rejection of Plaint in Specific Performance Suit — Cause of Action Disclosed. Court holds that a plaint cannot be rejected under Order VII Rule 11 CPC if it discloses a cause of action, even if the claim may ultimately fail on merits.

The judgment pertains to a Notice of Motion filed by defendant No.1 in a suit for specific performance. The defendant sought rejection of the plaint u...

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Bombay High Court Allows Second Appeal in Fragmentation Act Case — Preferential Right of Contiguous Land Owner Upheld. Sale of Fragmented Land to Non-Contiguous Purchaser Violates Section 7 of Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947.

The appellant, Vilas Shivmurti Munde, filed a second appeal against the dismissal of his suit for declaration and injunction. The suit sought to decla...

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Bombay High Court Dismisses Second Appeals in Property Partition Suit, Upholding Concurrent Findings of Courts Below. Family Property Partition Decree Confirmed as No Substantial Question of Law Arises Under Section 100 CPC.

The judgment pertains to two second appeals arising from a partition suit concerning family property. The appellant in Second Appeal No.164 of 2002, B...

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Bombay High Court Allows Wife's Appeal for Transfer of Custody Petition Due to Apprehension of Bias - Family Court Directed to Transfer Petition to Another Court Under Section 19 of Family Court Act, 1984

The appellant wife and respondent husband were married on 16 November 1997 and had a son born on 7 July 2000. Differences arose between them, and nego...