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Bombay High Court Allows Writ Petition Challenging Recovery of Excess Pay in Ordnance Factory Case. Recovery of Excess Amount Paid Due to Employer's Mistake Held Impermissible When Employees Are in Same or Higher Pay Scale and No Misrepresentation Is Involved.

The petitioners, employees of Ordnance Factory Bhandara, were granted a higher pay scale by the employer. Subsequently, the employer sought to recover...

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High Court of Karnataka Allows Bank's Appeal in Bond Amount Recovery Dispute — Refund of Rs. 3,00,000 Set Aside. Clause 11(k) of Appointment Letter and Indemnity Bond Held Valid and Enforceable as Employee Resigned Before Completing Stipulated Service Period.

The case pertains to a writ appeal filed by Vijaya Bank (now Bank of Baroda) against an order of a learned Single Judge of the Karnataka High Court. T...

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Bombay High Court Quashes Criminal Complaint Against Directors for Lack of Sanction Under Section 197 CrPC. Acts Alleged Were in Official Capacity, Making Sanction Mandatory Before Prosecution.

The applicants, Mr. Arvind Navinchandra Mafatlal and Mr. Hrishkesh Arvind Mafatlal, filed a criminal application under Section 482 of the Criminal Pro...

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Bombay High Court Dismisses Tenant's Petition in Rent Act Suit — Leave and License Agreement Not a Camouflage. Court upholds Small Causes Court's finding that no landlord-tenant relationship existed between plaintiff and defendant under Bombay Rent Act, 1947.

The petitioner, Dinesh Vasantrai Bhuta, filed a writ petition challenging the judgment and decree passed by the Appellate Bench of the Small Causes Co...

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Bombay High Court Allows Writ Petition Challenging Invalid Scheduled Tribe Certificate Order — Committee Failed to Consider Relevant Evidence. Scrutiny Committee's Order Quashed for Non-Consideration of Father's School Leaving Certificate and Other Documents.

The petitioner, Ganesh Dhondu Baviskar, filed a writ petition before the Bombay High Court challenging an order dated 28-03-2011 passed by the Schedul...

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Bombay High Court Dismisses Application for Amendment in Commercial IP Suit Due to Delay and Lack of Due Diligence. Amendment After Commencement of Trial Not Allowed Under Order VI Rule 17 CPC as Plaintiffs Failed to Show They Could Not Have Raised the Matter Earlier.

The present Interim Application No. 752 of 2024 was filed by the original plaintiffs, Ramnish Verma and Finesse Fashions Pvt. Ltd., in a pending Comme...

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Bombay High Court Dismisses Suit Against Carrier for Short Delivery of Goods Due to Lack of Privity of Contract and Limitation. Bill of Lading Holder Cannot Sue Carrier When Goods Were Delivered to Consignee Without Endorsement of Original Bill of Lading.

The plaintiff, M/s. J. Harkishandas & Co., a partnership firm, filed a suit against the first defendant, Lloyd Triestino, a foreign shipping company, ...

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Bombay High Court Allows Writ Petition of Teacher Seeking Pay Scale Revision and Pension Benefits. Petitioner's service as Assistant Teacher from 1972 to 1998 entitled to benefits under 5th Pay Commission and pension scheme.

The petitioner, Babulal Rama Thakre, was employed as an Assistant Teacher with Respondent No. 4, a secondary school, from 1972 until his retirement in...

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Bombay High Court Quashes FIR in Domestic Violence Case Due to Lack of Territorial Jurisdiction — Marriage Solemnized and Incident Occurred in Gujarat, Not Maharashtra. Section 27 of Protection of Women from Domestic Violence Act, 2005 Requires Proceedings in Court Where Victim Resides or Incident Occurs.

The petitioner, an Indian citizen, filed a writ petition under Article 226 of the Constitution read with Section 482 of the Code of Criminal Procedure...