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Bombay High Court Dismisses Arbitration Application in Development Agreement Dispute Due to Novation Extinguishing Arbitration Clause. Deed of Novation Substituted Original Agreement Without Arbitration Clause, No Prima Facie Arbitration Agreement Exists Between Applicant and Respondents.

The applicant, M/s. Mukesh Patel and Ors., filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of...

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High Court of Karnataka Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Readiness and Willingness Upheld. Agreement to Sell dated 28.05.2012 for Rs.2,89,000/- with Rs.2,00,000/- Earnest Money Enforced as Plaintiff Proved Continuous Readiness and Willingness.

The plaintiff-respondent filed a suit for specific performance of an agreement to sell dated 28.05.2012, whereby the defendants-appellants agreed to s...

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Bombay High Court Allows Revision Application and Rejects Plaint in Specific Performance Suit as Time-Barred. Suit for Specific Performance of Agreement to Sell Dated 1985 Filed in 2016 Held Barred by Limitation Under Article 54 of Limitation Act, 1963.

The case involves a civil revision application filed by Naginchand Buccha (applicant/defendant) against Vinod Gupta and others (respondents/plaintiffs...

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KAHC030058312022_1

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Madras High Court Division Bench Delivers Judgment in Intra-Court Appeal on Registrar Termination — Considers Issues of Direct Recruitment vs Deputation, Stigma, and Statutory Notice.

Background: The appeal arose from a common order of a Single Judge in two writ petitions filed by the appellant, who was appointed as Registrar of Pon...

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Bombay High Court Dismisses Second Appeal in Service Termination Dispute — Concurrent Findings of Lower Courts Upheld. Employee Failed to Prove Illegal Termination; Entitled Only to Limited Monetary Claims.

The appellant, Nishikant Narayan Kale, was appointed as Planning Manager of Bajaj Tempo Limited (now Force Motors Limited) on 18 May 1980 on probation...

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Bombay High Court Upholds Industrial Court Order Against Employer for Unfair Labour Practices in MRTU & PULP Act Case. Employer directed to reinstate employee with full back wages and permanency benefits for engaging in unfair labour practices under Items 6 and 9 of Schedule IV of MRTU & PULP Act, 1971.

The petitioner, M/s Gannon Dunkerley & Co. Ltd., a public limited company engaged in supply of textile machinery and civil construction, challenged th...

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Bombay High Court Dismisses Petition of Workmen Seeking Absorption in Western Coalfields Limited — Canteen Workers Not Entitled to Direct Absorption as Contractor Was Not a Sham and Contract Labour Was Not Prohibited Under the Contract Labour (Regulation and Abolition) Act, 1947.

The petitioner, a trade union representing workmen of Taroda Opencast Mine of Western Coalfields Limited, challenged an award of the Central Governmen...

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Bombay High Court Dismisses Revenue's Appeal in Sales Tax Case on Handling Charges. Handling charges for registration of motor cycles are not part of sale price under Section 2(25) of MVAT Act, 2002.

The Revenue appealed against an order of the Maharashtra Sales Tax Tribunal which set aside tax on handling charges collected by the respondent, a dea...