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Gujarat High Court Dismisses Appeals by District Panchayat in Failed Sterilization Cases, Upholds Compensation for Unwanted Child. Negligence in Tubectomy Operation Leads to Liability for Maintenance of Child Born After Failed Procedure.

The case involves three Second Appeals filed by the Patan District Panchayat and others against a common judgment of the Appellate Court in a suit for...

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Bombay High Court Quashes Process Against Directors in Cheque Dishonour Case Due to Lack of Specific Allegations. Criminal proceedings under Section 138 of Negotiable Instruments Act, 1881 cannot be initiated against directors without specific averments of their role in the company's affairs.

The case involves two criminal applications filed under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) challenging a common order dated...

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Bombay High Court Dismisses Writ Petitions Seeking Permanency for Apprentice Development Officers of LIC. Apprenticeship Training Scheme under Section 18 of the Life Insurance Corporation Act, 1956 does not create employer-employee relationship or right to absorption.

The petitioners, a group of individuals who were engaged as apprentice development officers by the Life Insurance Corporation of India (LIC) under a t...

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Bombay High Court Dismisses Writ Petitions Seeking Permanency for LIC Apprentices — Apprentices Act, 1961 Overrides Industrial Disputes Act. Apprentices engaged under a statutory scheme are not employees and have no right to absorption.

The petitioners, engaged as apprentices by the Life Insurance Corporation of India (LIC) under the Apprentices Act, 1961, filed writ petitions seeking...

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Bombay High Court Dismisses Petition of Gram Panchayat Employee Challenging Dismissal for Indecent Behaviour. Termination Order Upheld as Gram Panchayat Had Power to Dismiss Under Section 61(1) of Maharashtra Village Panchayats Act, 1958 and Procedure of Natural Justice Was Followed.

The petitioner, Ashok Govindrao Sardar, was appointed as a Water Supply employee of Gram Panchayat Pimpalkhuta on 31 January 1986. On 12 December 2012...

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Bombay High Court Dismisses Developer's Interim Application in Development Agreement Dispute — Prima Facie Case Not Made Out as Agreement Was Terminated for Non-Performance. Specific Performance Claim Requires Trial; No Irreparable Loss Shown.

The Plaintiffs, Shantilal J. Shah and others, filed a suit seeking a declaration that a Development Agreement dated 25th September 2007 and an Irrevoc...

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Bombay High Court Dismisses Third Party Claim in Execution Proceedings — ING Bank N.V. Fails to Prove Ownership of Attached Flat. Claim under Section 47 CPC and Order XXI Rules 58 and 64 rejected as bank did not establish that the flat was not owned by judgment debtor.

The case involves a Chamber Summons taken out by ING Bank N.V., a third party, under Section 47 read with Order XXI Rules 58 and 64 of the Code of Civ...

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Bombay High Court Dismisses Arbitration Petitions for Enforcement of Foreign Awards Due to Non-Compliance with Section 47 of the Arbitration and Conciliation Act, 1996 — Failure to Produce Original or Certified Copies of Arbitration Agreement and Award Renders Petitions Not Maintainable.

The judgment concerns two arbitration petitions filed by Armada (Singapore) Pte. Ltd. against Ashapura Minechem Ltd. seeking enforcement of foreign aw...