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High Court of Judicature at Bombay Considers Writ Petition Against Industrial Tribunal Award. Award Directed Reinstatement of Workman Dismissed During Conciliation as Void Under Section 33(1)(a) of Industrial Disputes Act, 1947.

The dispute arose from the charge-sheet issued on 28 January 1997 by M/s. Gulf Air to its employee Vinod Malhotra, a Passenger Service Supervisor and ...

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Bombay High Court Dismisses Revision Against Execution of Foreign Court's Costs Order. Foreign judgment imposing costs is a decree enforceable under Section 44A of CPC, 1908, and the executing court cannot go behind the decree.

The Petitioner, M/s. Alcon Electronics Pvt. Ltd., challenged an order dated 15th April, 2011 passed by the learned District Judge-2, Nashik, which rej...

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Bombay High Court Allows Appointment of Arbitrator in Partnership Dispute Despite Objections to Earlier Appointee. Court Holds That Arbitration Clause Survives Dissolution and Section 11(6) of Arbitration and Conciliation Act, 1996 Empowers Court to Appoint Arbitrator When Parties Fail to Agree.

The applicants, partners of a dissolved partnership firm, filed an application under Section 11(6) of the Arbitration and Conciliation Act, 1996 seeki...

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High Court Reconsiders Land Owner's Cross Objection for Enhanced Compensation After Supreme Court Remand. Reconsideration Limited to Valuation of Trees and Classification of Survey No. 336 as Irrigated or Dry Crop Land Under Land Acquisition Act, 1894.

The land owner filed a cross objection seeking enhancement of compensation awarded by the Reference Court in Land Acquisition Case No.281/2006. The Re...

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Supreme Court Partially Allows Appeal in Mortgage Accounting Suit; Usurious Loans Act Not Applicable as Mortgage Executed Before Its Extension to Cantonment Area.

The dispute arose from a usufructuary mortgage executed on 14 July 1933 by four mortgagors in favour of one Khanmull over a property in the Cantonment...

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High Court of Bombay Upholds Chancellor's Appointment of Acting Vice-Chancellor Under Emergency Provision Despite Lack of Prescribed Qualifications. Court Examined Meaning of 'Suitable' in Section 12(7) of Maharashtra Universities Act, 1994.

This writ petition was filed before the Nagpur Bench of the High Court of Bombay under Article 226 of the Constitution, challenging the appointment of...

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Bombay High Court Adjudicates Enforcement of Foreign Arbitral Award in Joint Venture Dispute. Petition Seeks Enforcement Under Section 48 of Arbitration Act; Allegations Include Breach of JVA and Conflict of Interest.

The petitioner, an Italian company engaged in cable manufacturing, entered into a Joint Venture Agreement dated 19th January 2010 with the respondents...

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Supreme Court Allows Appeal in Possession Suit Based on Registered Sale Deed — Title Not Extinguished by Subsequent Mutation or Revenue Entries. Registered sale deed confers absolute title and possession; subsequent revenue entries or mutation do not affect title unless set aside by competent court.

The appeal arises from a suit for possession filed by the plaintiff-appellant (since deceased, represented by legal representatives) against the defen...

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Bombay High Court Dismisses Writ Petition in MRTU & PULP Act Case Concerning Termination of Temporary Workers. Termination Held Not Retrenchment, Falling Under Section 2(oo)(bb) of Industrial Disputes Act as Employment Was Under Fixed-Term Contracts.

The writ petition was filed under Article 227 of the Constitution against the Industrial Court's order dated 23.12.1999 which confirmed the Labour Cou...