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Supreme Court Upholds Compulsory Retirement Order of Government Servant Under Rule 165-A as Not Dismissal and Not Requiring Compliance with Article 311(2) of the Constitution. Compulsory Retirement Order Upheld as Valid Under Rule 165-A, Service Rules Not Violative of Article 311(2).

The case involved a government servant who was compulsorily retired from service under Rule 165-A of the Bombay Civil Services Rules, as applicable to...

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Bombay High Court Allows Appointment of Sole Arbitrator in Joint Venture Dispute — Arbitration Clause Survives Termination of Agreement. Section 11 of the Arbitration and Conciliation Act, 1996 invoked for disputes arising from Joint Venture Agreement dated 28th March, 2007.

The applicant, M/s. Atul & Arkade Realty, a partnership firm engaged in real estate development, filed an application under Section 11 of the Arbitrat...

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Bombay High Court Dismisses Petition Challenging Rejection of Caveat in Execution Proceedings — Caveat Under Section 148A CPC Not Maintainable After Execution Application Is Filed. Court Holds That Assignee Decree-Holder Can Execute Decree Without Notice to Judgment-Debtor Under Order 21 Rule 16 CPC.

The petitioners, who are judgment-debtors in a pending execution application, filed a caveat under Section 148A of the Code of Civil Procedure, 1908 (...

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WRIT PETITION No.7347 OF 2018

The petitioners, legal heirs of the original landowner, filed a writ petition before the Bombay High Court seeking a writ of mandamus directing respon...

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Appeal under Section 91 of Trade Marks Act, 1999 against Registrar's order permitting delayed evidence affidavit

The Bombay High Court heard an appeal under Section 91 of the Trade Marks Act, 1999 against an order of the Registrar of Trade Marks allowing a delaye...

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Bombay High Court Allows Retired Employee's Challenge to Continuation of Departmental Enquiry; Rules No Provision to Continue Enquiry After Superannuation. Employee Entitled to Full Retiral Benefits as MAIDC Rules Do Not Permit Post-Retirement Disciplinary Proceedings.

The petitioner, a former Regional Manager of the Maharashtra Agro Industries Development Corporation Limited (MAIDC), filed a writ petition seeking to...