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Bombay High Court Allows Teacher's Petition Against Pay Reduction and Recovery Order — Recovery of Excess Payment Set Aside Due to No Misrepresentation. Pay Fixation Error by Employer Cannot Be Recovered from Employee Without Show Cause Notice.

The petitioner, Premchand Nathu Patil, was appointed as an Assistant Teacher on 16.06.1989 in a secondary school run by respondent No. 5 institute. He...

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Bombay High Court Acquits Accused in POCSO Case Due to Inconsistent Evidence and Failure to Prove Age of Victim. Conviction under Section 376 IPC and Section 4 of POCSO Act Set Aside as Prosecution Failed to Establish Victim Was Below 18 Years.

The appellant, Kawadu Madhukar Atram, was convicted by the Special Judge and Additional Sessions Judge, Chandrapur in Special (POCSO) Case 70 of 2016 ...

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Bombay High Court Upholds Specific Performance Decree Based on Oral Agreement — Concurrent Findings of Fact Not Interfered With in Second Appeal. Oral Agreement for Sale of Immovable Property Proved by Evidence; Written Document Dated 31.12.1973 Did Not Supersede Earlier Oral Agreement.

The case involves a second appeal filed by the defendants challenging concurrent judgments and decrees passed for specific performance of an agreement...

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Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Plaintiff Failed to Prove Readiness and Willingness. Agreement to Sell Not Proved as Genuine Due to Lack of Evidence of Execution.

The appellants, original plaintiffs, filed a suit for specific performance of an agreement to sell dated 15th June 1981, allegedly executed by the res...

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Bombay High Court Dismisses Section 9 Petition for Lack of Territorial Jurisdiction in International Commercial Arbitration. Parties Impliedly Excluded Part I of Arbitration and Conciliation Act, 1996 by Agreeing to ICC Rules and Zambian Law.

The petitioner, Konkola Copper Mines (PLC), a company registered in Zambia, filed a petition under Section 9 of the Arbitration and Conciliation Act, ...