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Bombay High Court Dismisses Petitions Challenging Air India Disinvestment and Transfer of Employees. Transfer of undertaking under Section 25FF of the Industrial Disputes Act, 1947 does not require consent of workmen and continuity of service is protected.

The petitioners, three trade unions representing employees of Air India and its subsidiaries, filed writ petitions challenging the disinvestment of Ai...

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Bombay High Court Allows Petitioners to Continue in Service Despite Illegal Appointments Due to Long Pendency and Interim Orders. Appointments by President without sanctioned posts upheld on ground of legitimate expectation and equities.

The petitioners, 21 daily wage workers, were appointed by the then President of the Municipal Council, Tumsar, in 1990. The Regional Director of Munic...

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Bombay High Court Allows Auction Purchasers' Petition in SARFAESI Act Case Due to Overriding Effect of Section 26E Over MVAT Act. Property Purchased in SARFAESI Auction Held Free from Prior Sales Tax Attachment Under Section 38C of MVAT Act.

The petitioners, Shailesh K. Bothra and Mukesh C. Karwa, were auction purchasers of a property sold by Cholamandalam Investment & Finance Co. Ltd. (pe...

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Bombay High Court Allows Writ Petition Challenging Termination of Contract by Municipal Corporation — Violation of Natural Justice and Contractual Obligations. Contract Termination Set Aside as Corporation Failed to Follow Contractual Dispute Resolution Mechanism and Principles of Natural Justice.

The petitioner, BVG India Ltd., was awarded a contract by the Navi Mumbai Municipal Corporation in January 2016 for a period of five years for solid w...

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Bombay High Court Quashes PMC Resolution to Take Over Private Land Without Compensation in Landlocked Property Access Case. Section 205 of Maharashtra Municipal Corporation Act, 1949 Does Not Permit Deprivation of Property Without Acquisition Under Section 209.

The petitioner, Maharashtra State P.W.D. Employees Cooperative Housing Society Ltd., is the owner of land bearing Survey Nos. 38 and 39 in Pune. The s...

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Bombay High Court Allows Writ Petition Challenging Preliminary Issue on Jurisdiction in Construction Dispute. Civil Court Jurisdiction Not Barred Under Section 488 of Maharashtra Municipal Corporations Act, 1949 for Suit Alleging Violation of Byelaws and Infringement of Civil Rights.

The petitioner, Satish Trivedi, filed a writ petition challenging an order of the Civil Judge, Senior Division, Chandrapur, which decided a preliminar...