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Bombay High Court Allows Petition Challenging Remand Order by Appellate Authority Under Payment of Gratuity Act. Section 7(8) of the Payment of Gratuity Act, 1972 Does Not Confer Power to Remand; Appellate Authority Must Decide Appeal on Merits.

The petitioner, Dr. Gajanan Vithoba Jain, a former employee of the respondent-management running Shiv Vaibhav College of Education, Wardha, filed an a...

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Bombay High Court Dismisses Tenant's Revision Against Interim Injunction Restraining Structural Alterations in Eviction Suit. Tenant restrained from making structural changes without due process pending eviction proceedings under Hyderabad Rent Control Act.

The case involves a civil revision application filed by the tenant, Mohammad Ahsan, against the orders of the Rent Controller and the District Court, ...

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Bombay High Court Dismisses Writ Petition of Co-operative Society Seeking Reservation in MHADA Commercial Complexes. Government Resolution dated 17 August 2002 does not apply to MHADA as it is not a local body or government undertaking under the resolution.

The petitioner, Jay Bhawani Sawamrojgar Seva Sahakari Sanstha Maryadit, a co-operative society of educated unemployed persons registered under the Mah...

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Bombay High Court Upholds Injunction in Adverse Possession Suit — Prima Facie Case and Balance of Convenience in Favor of Plaintiffs. Trial Court's Order Restraining Defendants from Entering Suit Property Maintained as Plaintiffs Established Long-Standing Possession and Serious Triable Issues.

The case arises from an appeal filed by the defendants (Suruna Bothra Associates & Others) against an order dated 4th December 2020 passed by the Civi...

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Bombay High Court Dismisses Appeal Against Rejection of Arbitration Petition as Time-Barred Under Section 34 of Arbitration and Conciliation Act, 1996. Application Under Section 33 for Additional Award Does Not Extend Limitation Period.

The appellant, Geojit Financial Services Limited, filed an appeal under Section 37 of the Arbitration and Conciliation Act, 1996 against an order of a...

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Bombay High Court Dismisses Developer's Maintainability Challenge and Upholds RERA Recovery Certificate in Allottee Refund Case. Real Estate Regulatory Authority Has Power to Issue Recovery Certificate Under Section 40(1) of RERA Act, 2016 for Refund Orders.

The judgment pertains to two connected matters: an Interim Application filed by the developer, Marvel Sigma Homes Pvt. Ltd., challenging the maintaina...

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Bombay High Court Holds Service of Writ of Summons Without Copy of Plaint Invalid in Commercial Suits Under Commercial Courts Act, 2015 — Time for Filing Written Statement Does Not Run Until Proper Service Effected.

The judgment addresses an interim application by the defendant, Metso India Pvt Ltd, in a commercial suit filed by Atlanta Limited. The core issue was...

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Bombay High Court Quashes FIR Against Chief Officer in Idol Dumping Case — No Intent to Insult Religion Found. Section 295 IPC requires deliberate and malicious intention to outrage religious feelings, which was absent as the applicant acted in discharge of official duties.

The applicant, Dhondiba Irba Namwad, was the Chief Officer of Municipal Council, Khamgaon, District Buldhana. He filed a criminal application under Se...