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Supreme Court Allows Appeal of Zila Parishad in Regularization Case — Contractual Driver Not Entitled to Permanency Despite Long Service. Initial Appointment Was Temporary and Stopgap, No Right to Regularization Arises from Continued Engagement on Contractual Basis.

The Supreme Court allowed the appeal filed by the Chief Executive Officer, Zila Parishad, Thane, against the judgment of the Bombay High Court which h...

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Bombay High Court Dismisses Employer's Challenge to Labour Court Awards in Milk Union Retrenchment Cases. Retrenchment of Daily Wagers Without Compliance with Section 25-F of Industrial Disputes Act, 1947 Held Illegal.

The petitioner, Solapur Zilla Sahakari Dudh Utpadak Sangh, a cooperative milk union, challenged multiple awards passed by the Labour Court, Solapur, i...

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WRIT PETITION NO. 2329 OF 2003

The petitioners, K.P. Power Private Limited and its director, filed a writ petition in 2003 before the Bombay High Court seeking a mandamus to compel ...

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Karnataka High Court Dismisses Writ Petition Seeking Prohibition Against Commercial Court in Arbitration Matter. Commercial Court's Jurisdiction Upheld Under Section 2(1)(c) of Commercial Courts Act, 2015, and Petitioner Estopped from Challenging Jurisdiction After Having Earlier Invoked It.

The writ petition was filed under Article 226 of the Constitution of India seeking a writ of prohibition to restrain the LXXXV Additional City Civil a...

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Supreme Court Allows Appeal of Subsequent Purchasers in Specific Performance Suit — Agreement for Sale Held Sham and Not Intended to Be Acted Upon. Evidence Act Sections 91 and 92 Do Not Bar Proof of Sham Transaction; Subsequent Purchasers Are Bona Fide Purchasers Without Notice.

The appeal arose from a suit for specific performance of an agreement for sale dated 7th December 1981 executed by the first defendant in favour of th...

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Bombay High Court Dismisses Summary Suit for Recovery of Loan Due to Unenforceable Oral Agreement and Lack of Written Contract. Loan advanced for litigation funding held to be a contingent agreement not enforceable under Order 37 CPC as it lacked a written contract and was based on an oral understanding.

The plaintiff, Vishal Kedia, filed a commercial summary suit under Order 37 of the Code of Civil Procedure, 1908, against the defendant, Sureshkumar S...

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Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Upholds Concurrent Findings That Plaintiff Failed to Prove Readiness and Willingness. Agreement for Sale of House Property Not Enforceable as Plaintiff Did Not Show Financial Capacity to Pay Balance Consideration.

The appellant (original plaintiff) filed a suit for specific performance of an agreement to sell a house property executed by defendant no.1 as Karta ...

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High Court of Karnataka Quashes Arbitrator Appointment in ISRO Contract Dispute Due to Lack of Jurisdiction. Appointment by Delhi Arbitration Centre without consent of Union of India held invalid under Section 11 of Arbitration and Conciliation Act, 1996.

The petitioner, Union of India represented by the Ministry of Space (ISRO), filed a writ petition under Articles 226 and 227 of the Constitution of In...

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Madras High Court Allows Revision Petition Challenging Return of Section 34 Petition for Lack of Jurisdiction — Holds That Exclusive Jurisdiction Clause in Contract and Prior Section 9 Filing at Salem Confer Jurisdiction on Salem Courts Under Section 42 of Arbitration and Conciliation Act, 1996.

The revision petitioner, Waterbury Farrel, a division of Magnum Integrated Technologies Inc., Canada, filed Arb.O.P.No.103 of 2019 before the Principa...