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High Court

Bombay High Court Upholds Labour Court Award Reinstating Watchman in Forest Department — Termination Without Notice or Enquiry Held Illegal Under Industrial Disputes Act, 1947. Daily-wage employee's removal after completion of work was not automatic but retrenchment requiring compliance with Section 25F of the Industrial Disputes Act, 1947.

30 Nov 2010

The State of Maharashtra and the Sub-Divisional Forest Officer, Beed, filed a writ petition challenging the award of the Labour Court, Aurangabad, in ...

High Court

Bombay High Court Confirms Reduction of Equity Share Capital of Wartsila India Limited — Court Approves Special Resolution for Reduction of Share Capital to Provide Exit to Minority Shareholders, Rejecting Oppression Allegations. The Court held that the reduction was bona fide and not oppressive, and confirmed the reduction under Section 100 of the Companies Act, 1956.

15 Nov 2010

The judgment concerns a Company Petition filed by Wartsila India Limited (WIL) seeking confirmation of a special resolution passed on 10th November 20...

High Court

Bombay High Court Dismisses Petition Challenging Arbitrator's Procedural Order in Arbitration Proceeding. Section 9 or Section 19 of Arbitration and Conciliation Act, 1996 Cannot Be Invoked to Challenge Arbitrator's Communication Regarding Procedure.

28 Mar 2011

The petitioner, Sahyadri Earthmovers, filed an Arbitration Petition under Section 9 read with Section 19 of the Arbitration and Conciliation Act, 1996...

High Court

Bombay High Court Convicts Contemners for Criminal Contempt for Scandalizing Judge in Civil Application. Use of words 'malpractices' and 'false statement' against a Judge held to be criminal contempt under Section 2(c) of Contempt of Courts Act, 1971; contemners released on probation under Probation of Offenders Act, 1958.

3 Jun 2011

The High Court of Bombay initiated suo motu contempt proceedings against Shri Dattatray Narayan Samant (contemner No.1) and his advocate Shri C.S. Jos...

High Court

Bombay High Court Dismisses Insurer's Appeal in Motor Accident Claim — Deceased Owner of Goods Travelling in Goods Vehicle Not a Gratuitous Passenger. Insurer Liable Under Section 110A of Motor Vehicles Act, 1939 for Death of Goods Owner in Collision Between Tempo and Truck.

14 Jul 2011

The case arises from a motor accident on 15th April 1988 at Swargate, Pune, where the deceased Balkrishna was waiting with his luggage. The driver of ...

High Court

Bombay High Court Sets Aside Arbitral Award Dismissing Claims Under Section 25 of Arbitration Act for Lack of Notice. Arbitrator's Termination of Mandate Without Opportunity to Show Cause Held Patently Illegal and Against Public Policy.

24 Feb 2012

The petitioner, Vishal Engineering Works, filed an Arbitration Petition under Section 34 of the Arbitration and Conciliation Act, 1996 challenging an ...

High Court

Bombay High Court Partially Allows ONGC's Challenge to Arbitral Award in Drilling Contract Dispute, Dismisses DDL's Cross-Challenge on Interest. Court upholds award of US$ 2,699,235.63 for wellhead tools and services but denies pre-award interest under Section 31(7)(a) of the Arbitration and Conciliation Act, 1996.

9 May 2012

The judgment concerns two arbitration petitions under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral award dated 7 ...

High Court

Bombay High Court Allows Writ Petition Challenging Reopening of Assessment Under Section 148 of Income Tax Act, 1961 — Depreciation on Goodwill Not a Valid Reason for Reassessment. The court held that reopening based on change of opinion is impermissible and that depreciation on goodwill is allowable under Section 32(1)(ii) of the Income Tax Act, 1961.

25 Jun 2012

The petitioner, Bedmutha Industries Ltd., challenged a notice dated 29 November 2010 issued under Section 148 of the Income Tax Act, 1961, seeking to ...

High Court

Bombay High Court Dismisses Challenge to Arbitral Award in Broadcast Rights Dispute — Upholds Award of Rs. 4.77 Crore with Interest. Arbitrator's findings on breach of contract and quantum of damages were not patently illegal under Section 34 of the Arbitration and Conciliation Act, 1996.

31 Aug 2012

The Petitioner, Maharashtra Film Stage and Cultural Development Corporation Ltd., a Government of Maharashtra corporation, challenged an Arbitral Awar...

High Court

High Court of Bombay Dismisses Plaintiff's Suit Challenging Invocation of Counter Guarantee in Port Development Project. Court holds that fraud must be established against the beneficiary, not a third party, and that invocation of a counter guarantee is not fraudulent merely because the underlying contract is disputed.

5 Oct 2012

The plaintiff, M/s. ABG Ports Limited, filed a suit seeking a declaration that the Joint Bidding Agreement (JBA), the Counter Guarantee, and its invoc...

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