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Bombay High Court Dismisses Plaintiffs' Suit for License Fee and Compensation, Allows Defendant's Counter-Claim for Losses Due to Suppression of No Development Zone Status. Plaintiffs held liable for fraudulent misrepresentation regarding land use, entitling Defendant to damages for demolished tower.

The plaintiffs, owners of a larger property in Madh, Malad, Mumbai, entered into a leave and license agreement with the defendant, a telecom company, ...

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Bombay High Court Allows Revision Application of Sub-Tenant in Rent Control Matter. Sub-tenant with paid-up capital less than Rs 1 crore held entitled to protection under Maharashtra Rent Control Act, 1999 despite tenant's exclusion under Section 3(1)(b).

The case involves a dispute over the applicability of the Maharashtra Rent Control Act, 1999 to a sub-tenant. The applicant, Frick India Ltd, claimed ...

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Bombay High Court Allows Appeal in Contractual Dispute Over Force Majeure Extension of Conducting Agreement. Force Majeure Clause Invoked Due to COVID-19 Pandemic Extends Term of Agreement by Equivalent Period.

The appeal arose from an order dated 27 September 2022 passed by the City Civil Court at Mumbai dismissing the appellant's Notice of Motion in Suit No...

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Supreme Court Allows Appeal in Arbitration Clause Validity Dispute Under Lease Agreement. The arbitration clause designating the lessee's Managing Director as sole arbitrator is upheld as valid under the Arbitration and Conciliation Act, 1996, absent contravention of public policy.

The Supreme Court heard appeals by Indian Oil Corporation Limited against a judgment of the Bombay High Court. The dispute arose from a lease agreemen...

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Bombay High Court Allows Writ Petition of Bank Employees' Union; Quashes Recall Order Denying Compensation. Employees Who Opted for Voluntary Retirement Before Bank Liquidation Held Entitled to Payment as Employment Relationship Continues Until Full Settlement.

This writ petition under Article 226 of the Constitution of India was filed by a trade union representing 55 employees of Solapur Nagari Audyogic Saha...

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Bombay High Court Dismisses Second Appeal in License Dispute — Licensee Cannot Claim Tenancy Rights. License Agreement for 11 Months Expired, Occupant Becomes Unauthorized Licensee, Not Tenant, Under Transfer of Property Act, 1882.

The case involves a dispute over possession of a premises located at Station Road, Nanded. The plaintiff, Mohd. Ayyub (since deceased, represented by ...

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Bombay High Court Allows Petitions Challenging Settlement in Industrial Dispute for Breach of Section 12 of Industrial Disputes Act and Rule 11 of Industrial Disputes (Bombay) Rules. Settlement Dated 5.9.2008 Quashed as Void Ab Initio for Non-Compliance with Mandatory Conciliation Procedure.

The judgment concerns two writ petitions challenging a settlement dated 5.9.2008 arrived at in conciliation between NRC Limited (the company) and NRC ...

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Bombay High Court Dismisses Petitioner's Challenge to Disqualification from Tender for Violation of Non-Compete Clause. Clause 8.31 of Licence Agreement Between GTI and JNPT Prohibited Promoters from Bidding for Competing Projects, and Subsequent Government Policy Could Not Be Read into Existing Contract.

The petitioner, APM Terminals B.V., a Dutch company, along with Container Corporation of India Ltd (CONCOR), formed a joint venture company called Gat...

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Bombay High Court Dismisses Petition Challenging Industrial Court Order for Reinstatement with Full Back Wages. Termination of Workmen Held to Be Colourable Exercise of Employer's Rights and Victimization Under Industrial Disputes Act, 1947.

The petitioner, Anglo French Drugs & Industries Ltd., challenged an order of the Industrial Court dated 11th April 2002, which allowed a revision appl...