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Bombay High Court Dismisses Section 9 Petition for Lack of Territorial Jurisdiction in International Commercial Arbitration. Parties Impliedly Excluded Part I of Arbitration and Conciliation Act, 1996 by Agreeing to ICC Rules and Zambian Law.

The petitioner, Konkola Copper Mines (PLC), a company registered in Zambia, filed a petition under Section 9 of the Arbitration and Conciliation Act, ...

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Bombay High Court Allows Protection in Service for Employee with Invalid Caste Certificate. Employee who gave up challenge to caste invalidation order granted reinstatement without back wages or reservation benefits.

The petitioner, Rajendra s/o Ramaji Mahisbadwe, was employed with National Aviation Company of India Limited (NACIL) based on a caste certificate clai...

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Bombay High Court Dismisses Appeal by Bar Council and Advocates Against Order to Provide Free Legal Aid to Poor Litigants. Court Upholds Constitutional Duty of State and Bar to Ensure Access to Justice Under Article 39A of the Constitution of India.

The case arose from a Letters Patent Appeal filed by the Bar Council of Maharashtra and Goa, the Bombay Advocates Association, and two individual advo...

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Bombay High Court Dismisses Tenant's Writ Petition in Eviction Suit Based on Landlord's Bonafide Requirement — Death of Landlord During Pendency Does Not Automatically Extinguish Decree for Possession Under Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

The case involves a landlord, Yeshwant Subrao Bidkar, who owned premises in Kolhapur and instituted a suit for eviction against his tenant, Sikandar A...

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Bombay High Court Upholds Compulsory Retirement of Judicial Officer for Lack of Integrity and Efficiency. Rule 10(4)(a)(i) of Maharashtra Civil Services (Pension) Rules, 1982 applied to prematurely retire a District Judge based on adverse entries and overall performance record.

The petitioner, Ashokkumar Hiralal Lohiya, was a judicial officer who joined the judiciary as a Civil Judge, Junior Division in 1978 and was promoted ...

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National Consumer Disputes Redressal Commission Dismisses Second Appeal Due to Unexplained Delay of 169 Days. Bureaucratic Delays Not Sufficient Cause for Condonation of Delay Under Section 24A of Consumer Protection Act, 2019.

The National Consumer Disputes Redressal Commission (NCDRC) dismissed a second appeal filed by the Sub Post Master, Gandhinagar, against Meenaben Bhaw...

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Supreme Court Allows Appeals in Compassionate Appointment Case — No Right to Claim Higher Post After Accepting Lower Post. Appointment on compassionate basis is a concession to tide over sudden financial crisis; once accepted, cannot be renegotiated for a higher post.

The case involves eight appeals arising from a common judgment of the Madras High Court. The respondents, were initially appointed as sweepers on comp...

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Bombay High Court Quashes NIT Orders in Gunthewari Regularisation Case — Violation of Natural Justice. Orders passed under Sections 3 and 4 of Maharashtra Gunthewari Developments (Regulation, Upgradation and Control) Act, 2001 set aside for lack of notice and hearing to plot holder.

The petitioner, Veena Waghela, filed a writ petition challenging two orders passed by the Chairman of the Nagpur Improvement Trust (NIT) under Section...