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High Court of Karnataka Allows Writ Petition of BMTC, Quashes Labour Court Award of Reinstatement with Back Wages. Driver Who Obtained Employment by Submitting Fake Transfer Certificate Not Entitled to Reinstatement.

The petitioner, Bangalore Metropolitan Transport Corporation (BMTC), challenged the award dated 6.3.2012 passed by the III Additional Labour Court, Ba...

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Bombay High Court Adjudicates Appeal Under Section 14 of Admiralty Act Against Single Judge Order Dismissing Defendant's Notice of Motion. The dispute concerned breach of a bareboat charterparty and a subsequent time charterparty regarding a vessel.

The original plaintiff, Siem Offshore Rederi AS, a Norwegian company, filed Admiralty Suit (L) No. 20 of 2018 before the Bombay High Court against the...

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Supreme Court Interprets Scope of 'Child' under POCSO Act in Appeal Concerning Mentally Challenged Victim. Mental Age of Adult with Cerebral Palsy Considered for Applicability of Special Procedures under Protection of Children from Sexual Offences Act, 2012.

The case concerned a criminal appeal by the prosecutrix, a 38-year-old woman suffering from cerebral palsy (R. Hemiparesis), through her mother. An FI...

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Supreme Court Allows Appeal in Arbitration Appointment Case — Withdrawal of Section 11 Petition Does Not Bar Fresh Application Under IBC. Order 23 Rule 1 CPC Not Applicable to Arbitration Petitions; Section 9 IBC and Section 11 Arbitration Act Seek Different Reliefs.

The Supreme Court allowed the appeal filed by M/s HPCL Bio-Fuels Ltd. against the judgment of the Bombay High Court which had appointed a sole arbitra...

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Supreme Court Partially Allows Appeal of Conductor Denied Back Wages After Reinstatement — Held That Denial of Full Back Wages Was Justified Due to Failure to Prove Unemployment, But Directed Payment of 50% Back Wages Considering Long Litigation and Reinstatement.

The appellant, Ramesh Chand, was employed as a conductor with the Delhi Transport Corporation (DTC) on 22 June 1985. On 8 September 1992, he was serve...

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Supreme Court Allows Appeal by Government Corporation in Eviction Case — Corporation Held to be Government Undertaking Under West Bengal Government Premises Act. Leased Plots Part of Larger Industrial Estate Constitute Government Premises, Termination of Lease Valid.

The case involves an appeal by the West Bengal Small Industries Development Corporation Ltd. (the Corporation) and its functionaries against an order ...