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Bombay High Court Dismisses State's Challenge to Tribunal Order Directing Consideration of Employee for Promotion. Court upholds Tribunal's direction to consider suitability for promotion based on service record, rejecting State's argument that the employee was not eligible.

The State of Maharashtra filed a writ petition challenging the order of the Maharashtra Administrative Tribunal dated 27th November 1998 in Original A...

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Bombay High Court Allows Writ Petition Challenging Settlement Commission's Order on Maintainability of Settlement Application Under Section 32E of Central Excise Act, 1944 — Holds That Order of Adjudication Is Made on Date of Dispatch, Not Date of Signing

The petitioner, M/s. Vishnu Steels, a manufacturer of excisable goods, challenged an order of the Settlement Commission dismissing its application und...

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Bombay High Court Upholds Dismissal of Bus Driver for Gross Negligence Causing Fatal Accident. Disciplinary Enquiry Valid Despite Acquittal in Criminal Case as Standard of Proof Differs.

The Brihanmumbai Municipal Corporation (BMC) through its BEST Undertaking challenged a Labour Court order that set aside the dismissal of a bus driver...

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Bombay High Court Dismisses Condonation of Delay in Review Petition by Zilla Parishad — Unexplained Delay of 3 Years and 3 Months Not Condonable. Local Self-Government's Clumsy Decision-Making Process Not Sufficient Cause for Inordinate Delay.

The judgment concerns a Civil Application filed by the Chief Executive Officer, Education Officer (Primary), and Chief Account Officer of Zilla Parish...

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High Court of Bombay Grants Interim Injunction Restraining Encashment of Bank Guarantees in Subcontractor Dispute. Fraud and Irretrievable Injustice Established as Grounds for Injunction Against Bank Guarantee Invocation Under Contract Law.

The Plaintiff, ITD Cementation India Ltd., filed a suit seeking a restraint order against Defendant No.1, Reliance Infrastructure Limited, from demand...

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Bombay High Court Dismisses Appeal by Lenders Against Order Setting Aside Sale of Mortgaged Property Under SARFAESI Act — Held That Sale Was Not Conducted in a Fair and Transparent Manner and That the Borrower Was Not Given Adequate Notice of the Sale.

The case involves an appeal by a consortium of banks and a trustee company (the lenders) against an order of the Debt Recovery Tribunal (DRT) setting ...

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Bombay High Court Dismisses Writ Petition Challenging Sales Tax Assessment Orders Due to Availability of Alternative Remedy. Petitioners Failed to Show Exceptional Circumstances to Bypass Statutory Remedy of Reference Under Section 61(1) of Bombay Sales Tax Act, 1959.

The petitioners, Tata Sons Limited and another, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court chal...