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Supreme Court Allows Appeal in Arbitration Appointment Case — Withdrawal of Section 11 Petition Does Not Bar Fresh Application Under IBC. Order 23 Rule 1 CPC Not Applicable to Arbitration Petitions; Section 9 IBC and Section 11 Arbitration Act Seek Different Reliefs.

The Supreme Court allowed the appeal filed by M/s HPCL Bio-Fuels Ltd. against the judgment of the Bombay High Court which had appointed a sole arbitra...

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Bombay High Court Dismisses Appeal Against Grant of Probate — Secondary Evidence of Will Held Admissible Despite Non-Production of Original. Attestation Proved Through Scribe's Son and Attesting Witness's Daughter; Delay and Exclusion of Heirs Not Suspicious.

The present appeal was filed under Section 96 read with Order 41 of the Code of Civil Procedure, 1908 by the original Opponents against the judgment d...

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Supreme Court Dismisses Appeal by Public Works Department Against Industrial Court Order Granting Holiday Benefits to Field Staff. Employees Entitled to 2nd and 4th Saturday Holidays and Overtime Pay Under Kalelkar Award Despite Government Resolution Purporting to Withdraw Benefits.

The present appeal by special leave was preferred by the appellants-employer, the Secretary, Public Works Department and others, challenging the impug...

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Bombay High Court Allows CIDCO's Petition, Quashes Industrial Court Order Directing Permanent Employment of Contractual Employee. Contractual Appointment with Breaks Does Not Automatically Confer Right to Permanency Under MRTU & PULP Act.

The Bombay High Court allowed a writ petition filed by City Industrial Development Corporation of Maharashtra Ltd. (CIDCO) challenging an order of the...

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Bombay High Court Allows Writ Petition for Implementation of Pay Scales and Arrears for Employees of Private Polytechnic. State Obligated to Ensure Compliance with Government Resolutions for Aided Institutions.

The petitioners, employed as teaching and non-teaching staff of Satara Education Society, which runs Satara Polytechnic (Suman Dhekane Department of P...

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Bombay High Court Sets Aside Arbitral Award in Stock Broker Dispute for Lack of Reasons and Non-Consideration of Margin Requirements. Award under Section 34 of Arbitration and Conciliation Act, 1996 set aside as Arbitrator failed to consider deposit and margin obligations of client.

The Petitioner, Anand Rathi Share and Stock Brokers Ltd., a share and stock broker and member of NSE, challenged an arbitral award dated 15 October 20...

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Bombay High Court Dismisses Widow and Son's Admiralty Suit for Compensation for Death of Chief Engineer on Duty — Claim Arising from Contract of Employment Not Within Admiralty Jurisdiction. No Maritime Lien Exists for Compensation for Death on Duty, and Suit Barred by Limitation.

The plaintiffs, Alice Elizabeth D'Souza (widow) and Alwin Mathew D'Souza (minor son), filed an admiralty suit against Motor Vessel Magalam (defendant ...

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Bombay High Court Dismisses Employer's Petition in Wage Dispute — Unfair Labour Practice Upheld. Continuous Cause of Action Justifies Delay Condonation Under MRTU & PULP Act for Non-Payment of Wages as Per Wage Board Scale.

The petitioner, Chhatrapati Sahakari Sakhar Karkhana Limited, a sugar factory, employed the respondent, Mohan Ambadas Mule, as a compounder on 18th Ju...