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Bombay High Court Upholds Compulsory Retirement of Employee for Habitual Absence — Labour Court and Industrial Court Findings Not Perverse. Disciplinary Authority's Decision Based on Evidence of Misconduct Under Maharashtra Civil Services (Discipline & Appeal) Rules, 1979.

The petitioner, Arjun Kashinath Badade, was employed as a Chowkidar with the Water and Land Management Institute (WALMI) since 1984 and was granted pe...

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Bombay High Court Upholds Trial Court's Order Allowing Oral Evidence in Temporary Injunction Proceedings Under Order 39 Rule 1 CPC. The Court has inherent jurisdiction to permit oral evidence for just and effective adjudication of interim injunction applications.

The petitioner, Babulal Onkardas Kabra, was the original defendant in a suit filed by the respondents, Nilesh, Shailesh, and Rakesh Pukhraj Rathod, in...

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Bombay High Court Upholds Trial Court's Order to Try Jurisdiction as Preliminary Issue in Contract Dispute. Exclusive jurisdiction clause in contract designating Mumbai courts does not automatically oust territorial jurisdiction of Aurangabad court without proper adjudication.

The petitioner, M/s Ghai Construction, filed a suit (Spl. C. S. No. 276 of 2009) in the Civil Court at Aurangabad for recovery of Rs. 652.06 Lakhs fro...

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Bombay High Court Allows Convict's Petition for Emergency Parole Amid COVID-19 Pandemic. Convict with Heart Condition Entitled to Emergency Parole Under Rule 19(1)(C)(ii) of Maharashtra Prisons (Mumbai Furlough and Parole) Rules, 1959 as He Surrendered on Time on Previous Occasions.

The petitioner, Gajanan S/o Babulal Battulwar, a convict serving life imprisonment for an offence under Section 302 of the Indian Penal Code, filed a ...

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Bombay High Court Allows Writ Petition Challenging Appellate Order Setting Aside Dismissal of Suit Under Order IX Rule 5 CPC — Order IX Rule 5 CPC Held Directory, Not Mandatory, and Dismissal of Suit for Non-Service of Summons Within One Year Not Automatic Where Suit Has Progressed to Evidence Stage

The case involves a writ petition filed by Smt. Zaibunnisa and Mr. Riyazur Rahim, sister and brother, against an order passed by the 6th Additional Se...

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Bombay High Court Dismisses Petitions Challenging Arbitral Award in Partnership Dispute — Court Upholds Award of Mesne Profits and Rejection of Set-Off Claim Under Specific Relief Act and Partnership Act

The case involves three writ petitions filed by M/s Resources International, Mr. Dipak M. Rajani, Mrs. Meena D. Rajani, and M/s Resourceful Earthmover...

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Bombay High Court Allows Writ Petition for Return of Security Deposit in Tender Dispute - Bank Cannot Forfeit Deposit Without Express Contractual Term. Petitioner withdrew offer before acceptance; no concluded contract; Bank directed to refund Rs.25,00,000/- with interest.

The petitioner, M/s. Bholenath Trading Company, a partnership firm, submitted a tender in response to a tender notice dated 9.10.2004 issued by the re...