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Bombay High Court Allows Appeal by Zilla Parishad in Reinstatement Case — Civil Court Lacks Jurisdiction to Reinstate Teacher Under Section 24 of Bombay Primary Education Act, 1947. Suit Also Barred by Limitation Under Section 280 of Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961.

The case involves a Second Appeal by the Zilla Parishad, Solapur, against a judgment of the District Court which had confirmed the Civil Court's decre...

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Supreme Court Dismisses Appeal in Land Acquisition Case Under Land Acquisition Act, 1894. Notifications invoking urgency under Section 17(4) and dispensing with inquiry under Section 5A upheld as land was necessary for residential colony scheme and decision based on subjective satisfaction of authority.

The dispute arose from land acquisition proceedings under the Land Acquisition Act, 1894, initiated by the State of Uttar Pradesh and the Bulandshhar ...

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Bombay High Court Dismisses Revision Against Rejection of Plaint in Property Suit — Limitation and Cause of Action Are Triable Issues. Court holds that Order VII Rule 11 CPC application cannot be decided on disputed facts regarding knowledge of sale deeds and limitation.

The Bombay High Court dismissed a Civil Revision Application filed by Defendant No.15 (M/s. Mahabharat Builders) challenging the trial court's order d...

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Supreme Court Allows Appeal of Daily Wage Employees in Industrial Disputes Act Case, Reinstating Tribunal Award. Termination Without Section 25F Compliance Held Void Regardless of Appointment Irregularity Under Industrial Disputes Act, 1947.

The dispute originated from the termination of daily wage non-teaching staff at Sree Sankaracharya University of Sanskrit. The employees were initiall...

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Supreme Court Dismisses Appeal in SARFAESI Act Case on Jurisdictional Grounds. Civil Suit Barred Under Section 34 as Debt Recovery Tribunal Has Exclusive Authority Over Securitisation Matters, Despite Allegations of Fraud in Assignment Agreement.

The dispute arose from a loan agreement dated 26.07.2011, where the appellant acted as a guarantor for a corporate debtor. After the corporate debtor ...

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Bombay High Court at Goa Dismisses Petition Challenging Appointment of Commissioner in Inventory Proceedings. Court Upholds Discretion of Civil Judge to Appoint Commissioner for Partition of Joint Family Property Under Portuguese Civil Code When Parties Fail to Agree.

The petitioners, being heirs of the deceased parents, challenged the judgment dated 02.06.2000 passed by the learned Addl. District Judge, Panaji, in ...

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Bombay High Court Enforces Foreign Arbitral Award in Agency Dispute — Award Declared Enforceable as Decree. Foreign Award Under Sections 46-49 of Arbitration & Conciliation Act, 1996 Upheld as No Grounds for Refusal Under Section 48 Established.

The petitioner, Mitsui OSK Lines Ltd., a Japanese shipping company, filed a petition under Sections 46 to 49 of the Arbitration and Conciliation Act, ...