Search Results for "Arbitrary Refusal"

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Bombay High Court Allows Maternity Leave for Mother Through Surrogacy Under Maternity Benefit Act, 1961. The court held that the Maternity Benefit Act, 1961 is a beneficial legislation and must be interpreted purposively to include a commissioning mother who has a child through surrogacy.

The petitioner, Dr. Hema Vijay Menon, a lecturer, lost her only son in 2010. After unsuccessful IVF attempts, she opted for surrogacy. In March 2013, ...

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Bombay High Court Allows Enforcement of Foreign Award in Favor of Petitioner in Arbitration Dispute. Court Holds That Award Does Not Violate Public Policy and Condoned Delay of 273 Days Under Section 5 of Limitation Act, 1963.

The petitioner, M/s. Louis Dreyfus Commodities Suisse S.A., a Swiss company, entered into a contract with the respondent, Sakuma Exports Limited, an I...

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High Court of Bombay at Goa Allows Amendment of Plaint in Property Suit — Liberal Approach to Amendment Under Order 6 Rule 17 CPC Upheld. The court set aside the trial court's rejection of amendment application, holding that due diligence must be assessed reasonably and not mechanically.

The petitioners, Antonio Braganza and Aldila Braganza, filed a writ petition challenging the order dated 22.07.2015 passed by the learned Adhoc Senior...

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Bombay High Court Dismisses MCGM's Challenge to MERC Regulation on Compensation for Delayed Electricity Connections. Regulation 4.10 requiring compensation for failure to provide new connections within stipulated time is held valid under Section 181 read with Section 57 of the Electricity Act, 2003.

The Municipal Corporation of Greater Mumbai (MCGM), a statutory corporation and local authority, filed a writ petition under Article 226 of the Consti...

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Bombay High Court Dismisses Management's Petition Challenging Reinstatement of Probationer Teacher. Rule 16(2) of MEPS Rules Mandates Notice Before Concluding Voluntary Abandonment of Employment.

The petitioner, Magasvargiya Shikshan Sanstha, a school management, challenged the judgment and order dated 24.9.2015 of the School Tribunal, Aurangab...

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Bombay High Court Quashes University Notification Reducing Intake Capacity to Zero in Engineering College — Violation of Natural Justice and AICTE Regulations. University's unilateral reduction of intake from 16 to 0 without prior notice or opportunity of hearing held arbitrary and unsustainable.

The petitioners, Mukund Education Society and Sanmati Engineering College, challenged a notification dated 19/5/2016 issued by Sant Gadge Baba Amravat...

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Bombay High Court Quashes Government's Refusal to Appoint Selected Judicial Candidate Based on Adverse Police Report Without Opportunity of Hearing. Selection Process for Civil Judge, Junior Division and Judicial Magistrate, First Class Must Be Fair and Transparent.

The petitioner, Suhas Arun Malve, an advocate since 2004, applied for the post of Civil Judge, Junior Division and Judicial Magistrate, First Class in...

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High Court of Karnataka Dismisses Contempt Petition and Allows Writ Appeals in Tender Cancellation Dispute. Court holds that cancellation of tender due to change in government policy does not amount to willful disobedience of court order under Sections 11 and 12 of the Contempt of Courts Act, 1971.

The case involves a dispute over a tender issued by the State of Karnataka for the selection of a creative agency for the 'Invest Karnataka 2022' even...