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Bombay High Court Allows CIDCO's Petition, Quashes Industrial Court Order Directing Permanent Employment of Contractual Employee. Contractual Appointment with Breaks Does Not Automatically Confer Right to Permanency Under MRTU & PULP Act.

The Bombay High Court allowed a writ petition filed by City Industrial Development Corporation of Maharashtra Ltd. (CIDCO) challenging an order of the...

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Bombay High Court Allows Petition to Quash Land Reservation for Transport Terminus Due to Lapse Under Section 127 of MRTP Act. Reservation Deemed Lapsed as Acquisition Not Initiated Within Ten Years from Publication of Development Plan.

The petitioner, Nandkishor s/o Babulal Agrawal, is the owner of land Survey No. 505/04 admeasuring 1.07 H.R situated at Dhule. Out of this land, 67 R ...

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Bombay High Court Allows Writ Petition Challenging Election Authority's Order Excluding Primary Milk Societies from Voters List for Federal Society Elections. Cut-off Date for Membership Eligibility Must Be Prospective and Not Retrospective Under Maharashtra Co-operative Societies Act, 1960.

The petitioners, two primary milk cooperative societies, were members of the respondent no.4 federal society (Pune Zillha Sahakari Dudh Utpadak Sangh ...

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Bombay High Court Dismisses State Appeal in Bigamy Case Due to Lack of Proof of First Marriage. Conviction under Sections 494, 495, 496 IPC set aside as prosecution failed to examine the alleged first wife and produce reliable evidence of marriage.

The State of Maharashtra appealed against the judgment and order dated 4-9-2001 passed by the Additional Sessions Judge, Pune, which set aside the con...

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Bombay High Court Upholds Arbitral Award in Loan Recovery Dispute — Time Limit for Award Held Directory. Petitioner's Objection to Arbitrator's Jurisdiction Waived Due to Participation Without Timely Objection.

The petitioner, B.K. Gopakumar, a film producer, entered into a loan agreement dated 10 November 1992 with the respondent, National Film Development C...

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High Court of Bombay Sets Aside Arbitral Award for Extra Overhead Expenses in Railway Contract Dispute — Clause 17(3) Bars Damages for Delay. The court held that the Arbitral Tribunal's award of compensation for delay was contrary to the express terms of the contract and the mutual shortclosure agreement.

The case involves a challenge by the Union of India (Petitioner) against an arbitral award dated 20th February 2007 passed by an Arbitral Tribunal in ...

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Bombay High Court Dismisses Appeal by Mortgagee Bank in Admiralty Suit Regarding Priority of Claims Over Vessel Sale Proceeds. Court Has Power to Fix Time Limit for Filing Claims Against Sale Proceeds to Ensure Finality and Expeditious Distribution.

The appellant, Sparebanken Sogn Og Fjordane, a Norwegian bank, filed an admiralty suit against the vessel M.V. Bos Angler and its owners seeking enfor...

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Bombay High Court Partially Sets Aside Arbitral Award in Dealership Dispute Over Supply of Spurious Bearings and Non-Delivery. Court Upholds Termination for Breach of Implied Warranty of Genuineness but Remits Damages for Non-Delivery for Reconsideration.

The judgment concerns cross arbitration petitions under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral award arisin...

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Bombay High Court Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With. Court holds that no substantial question of law arises under Section 100 CPC when findings are based on appreciation of evidence and not perverse.

The case involves a property dispute between the appellants (original defendants) and the respondents (original plaintiffs) concerning land in Village...