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Bombay High Court Dismisses Appeal Against Decree for Want of Written Statement in Specific Performance Suit. Failure to File Written Statement Despite Repeated Opportunities Justifies Decree Under Order 8 Rule 5(2) and Rule 10 CPC.

The case arises from a suit filed by the respondent (original plaintiff) against the appellants (original defendants) seeking specific performance of ...

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Bombay High Court Allows Appeal in Industrial Dispute Case — Section 17B Wages Must Include Allowances, Not Just Basic Wage. The court held that wages under Section 17B of the Industrial Disputes Act, 1947 must be the full wages last drawn, including all allowances, and not merely the basic wage.

The appellant, Amit Kumar, was a senior office assistant employed by Indian Airlines Ltd. He was removed from service on 24th June 2002 after a depart...

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Bombay High Court Dismisses Union of India's Appeal Against Arbitral Award in Railway Construction Contract Dispute. Court Upholds Arbitrator's Award of Compensation for Underutilization of Resources Due to Railway's Delays.

The Union of India, representing the South-East-Central Railway, appealed against an order of the District Judge, Nagpur, refusing to set aside an arb...

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Bombay High Court Dismisses Port Trust's Challenge to Industrial Tribunal Award Setting Aside Disciplinary Enquiry. Enquiry Found Vitiated Due to Violation of Natural Justice and Perverse Findings Under Section 10 of Industrial Disputes Act, 1947.

The Board of Trustees of the Port of Mumbai (Petitioner) challenged an award dated 18th May, 1999 passed by the Presiding Officer of the Central Gover...

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Bombay High Court Dismisses Tenants' Writ Petition Challenging Eviction Order Under Goa Rent Act. Landlord's Bonafide Need for Personal Occupation Upheld as Genuine and Based on Evidence.

The petitioners, Michael Anthony William Gareth and Amelia Gareth, were tenants in a house bearing Municipal no. 73, Panaji, Goa, which was acquired b...

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Bombay High Court Remands Overtime Allowance Claim to Central Administrative Tribunal for Fresh Determination in Light of Legislative Change. The Court held that the Tribunal must reconsider the claim under Section 59 of the Factories Act, 1948, after considering the Factories (Amendment) Act, 1987.

The Union of India, through the Secretary, Ministry of Finance, Department of Economic Affairs, and others, filed a writ petition challenging the judg...

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Bombay High Court Dismisses Challenge to Validation Act in Import Fee Dispute. Parliament Competent to Enact Retrospective Validation to Cure Defect in Subordinate Legislation, Even if It Affects Pending Litigation.

The petitioners, M/s R. Piyarelall Import & Export Ltd. and its director, challenged the constitutional validity of the Destructive Insects and Pests ...