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Supreme Court Allows Appeal in Damages Suit Under Tamil Nadu Property (Prevention of Damage and Loss) Act, 1992 — Civil Court Jurisdiction Not Impliedly Barred. Section 7(4) of the Act Recognizes Concurrent Civil Remedy, Hence Suit for Damages Maintainable.

The appeal arises from a judgment of the Madurai Bench of the Madras High Court which set aside a decree for damages in favor of the appellant, M. Har...

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Bombay High Court Allows Interim Application in Suit for Specific Performance and Injunction — Prima Facie Case Established for Protection of Possession. Court restrains defendant from interfering with plaintiff's possession of suit premises pending disposal of suit under Specific Relief Act, 1963.

The plaintiff, Indiaideas.com Limited, filed a suit for specific performance and permanent injunction against Supreme Chambers Condominium and Supreme...

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Bombay High Court Allows Writ Petition for Pensionary Benefits to Retired Ayurvedic College Staff. Employees who took voluntary retirement are entitled to pension and gratuity under the Maharashtra Civil Services (Pension) Rules, 1982, as the college is a government-aided institution.

The petitioners, seven retired employees of Seth Govindji Raoji Ayurveda Mahavidyalaya (Respondent No. 4), an Ayurvedic college in Solapur, filed a wr...

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Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Negligence Established Despite Tyre Burst. Income of Deceased Correctly Assessed Based on Salary Slip, No Deduction for Bhattas Allowed.

The case involves an appeal filed by The New India Assurance Co. Ltd. against the award of the Motor Accident Claims Tribunal in favor of the claimant...

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Bombay High Court Dismisses Writ Petition Challenging Auction Sale of Mortgaged Property Under Recovery of Debts Due to Banks and Financial Institutions Act, 1993 — No Ground to Set Aside Sale After Certificate Issued and No Appeal Filed.

The petitioners, Si2 Microsystems Pvt. Ltd. and its director Sanjay Vedaprakash Soni, availed a cash credit facility of Rs. 10 crores and a term loan ...

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Bombay High Court Quashes FIR Against Directors in Dishonour of Cheque Case Due to Lack of Specific Allegations and Non-Impleadment of Company. Vicarious liability under Section 141 of Negotiable Instruments Act, 1881 requires specific averments and company must be made accused.

The petitioners, Harry Inder Dhaul, Narayan Singh Pathania, and Mikhail s/o Harry Dhaul, were directors of Siddhayu Ayurvedic Research Foundation Priv...

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Bombay High Court Dismisses Petitions Challenging Land Acquisition for Police Housing. Land Acquisition for Public Purpose Upheld as Compensation Determined Under Land Acquisition Act, 1894.

The petitioners, owners of land in Daund, Pune, challenged the acquisition of their land by the State of Maharashtra for construction of residential q...

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Bombay High Court Allows Writ Petition Challenging Industrial Court Order Restraining Transfer of Employees in Print Media Company. Transfer of Senior Printers to Other Locations Held Not an Unfair Labour Practice Under Items 9 and 10 of Schedule IV of MRTU & PULP Act, 1971.

The petitioners, The Indian Express (P) Limited and its two officers, challenged an order dated 28 November 2022 passed by the learned Member, Industr...