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Bombay High Court Dismisses Challenge to Section 27(3) of Consumer Protection Act, 1986 — Summary Trial for Non-Compliance Upheld. Section 27(3) is a complete code and does not violate Articles 14 and 21 of the Constitution.

The petitioner, Shri A. G. Sawant, filed a writ petition under Article 226 of the Constitution read with Section 482 of the Code of Criminal Procedure...

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Bombay High Court Dismisses Bank's Petition Challenging Gratuity Payment to Retired Employee. Forfeiture of Gratuity under Payment of Gratuity Act, 1972 requires proof of financial loss caused by employee's misconduct, not merely disciplinary punishment of compulsory retirement.

The petitioner, Bank of Maharashtra, challenged the orders of the Controlling Authority and Appellate Authority under the Payment of Gratuity Act, 197...

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Bombay High Court Allows Pensioners' Writ Petitions for Full Pension Benefits Under Maharashtra Zilla Parishad and Panchayat Samiti Service Rules. Pension is a right, not a bounty, and cannot be withheld or reduced arbitrarily; respondents directed to pay full pension with interest.

The judgment involves a batch of writ petitions filed by retired employees of Zilla Parishad, Aurangabad, seeking full pension and pensionary benefits...

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Bombay High Court Dismisses Appeal Against Arbitral Award in Broker-Client Dispute. Court Upholds Award Directing Payment of Rs.1,58,39,459.87 but Refuses Interest and Costs Under Section 34 of Arbitration & Conciliation Act, 1996.

The appellant, Harinarayan Bajaj, entered into various share transactions on the Bombay Stock Exchange (BSE) through the respondent, Madhukar Sheth, w...

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Bombay High Court Dismisses Bank's Petition Challenging Gratuity Award to Compulsorily Retired Employee. Forfeiture of Gratuity Under Section 4(6) of Payment of Gratuity Act, 1972 Requires Willful Offence or Moral Turpitude, Not Mere Misconduct.

The petitioner, Bank of Maharashtra, challenged the orders of the Controlling Authority and Appellate Authority under the Payment of Gratuity Act, 197...

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Bombay High Court Dismisses Notice of Motion in Suit for Specific Performance — Plaintiffs Fail to Establish Prima Facie Case for Injunction Against Developer. Agreement for Sale Not Concluded as Essential Terms Remained Unsettled, No Enforceable Contract Under Specific Relief Act, 1963.

The plaintiffs, a group of 52 individuals, filed a suit for specific performance of an alleged agreement for sale of flats in a building to be constru...

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Bombay High Court Upholds Dismissal of Worker for Sleeping on Duty — Punishment Not Disproportionate. Sleeping on duty during night shift recorded on video; Labour Court and Industrial Court findings of fair enquiry and proportionate punishment upheld.

The petitioner, Ambadas Pandurang Gurav/Waghmare, was employed by Kinetic Engineering Ltd. as a Job Trainee from 02.05.1980 and later as Assistant Gri...