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Bombay High Court Allows Appeals Against Appointment of Court Receiver in Favor of Appellants in Commercial Suits Involving Secured Creditors. Appointment of receiver without notice and without considering secured creditors' rights under SARFAESI Act is unsustainable.

The judgment arises from two commercial appeals filed by Future Corporate Resources Pvt Ltd and Ojas Tradelease And Mall Management Pvt Ltd against or...

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Bombay High Court Allows Writ Petition of Retired Teacher Challenging Recovery of Gratuity and Salary. Recovery of Excess Payment from Class III Employee After Retirement Held Impermissible Under Principles of State of Punjab v. Rafiq Masih.

The petitioner, Laxman Sitaram Idde, was appointed as an Assistant Teacher in a Zilla Parishad Primary School on 20 January 1986. He was a District Aw...

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Bombay High Court Allows Section 11 Applications to Appoint Arbitrator in LLP and Trust Dispute Over School Management Agreements. Court Holds That Arbitration Clause in School Management Services Agreement Binds Non-Signatory Trust Due to Interconnected Agreements.

The judgment concerns two arbitration applications filed under Section 11 of the Arbitration and Conciliation Act, 1996, by Edufocus International Edu...

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Bombay High Court Quashes Recovery of Pensionary Benefits from Retired Class III Employee in Pay Fixation Dispute. Recovery of Rs.77,446/- directed after 17 years of pay fixation without misrepresentation by employee held unsustainable.

The petitioner, Devidas Marotirao Kandhare, a retired junior clerk (Class III) under the Godavari Marathwada Irrigation Development Corporation, chall...

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Bombay High Court Dismisses Writ Petition Challenging Election Petition Allowed for Non-Compliance with Section 16 of Maharashtra Municipal Corporations Act, 1949. Failure to File Election Expenses Within 30 Days Renders Election Void.

The petitioner, Ashok Rajaram Raul, was declared elected as a councilor from Ward No.12-D of Thane Municipal Corporation in the general elections held...

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Bombay High Court Dismisses Husband's Petition Seeking Anti-Suit Injunction Against Wife in Cross-Border Matrimonial Dispute. Family Court's Refusal to Restrain Wife from Pursuing Proceedings in Australia Upheld on Grounds of Comity and Forum Non Conveniens.

The petitioner-husband, Milind Ashok Kalamkar, and the respondent-wife, Sheetal Milind Kalamkar, were married in Mumbai on 30 November 2004 under Hind...

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Bombay High Court Allows Writ Petition of Assistant Teachers Seeking Pay Upgradation Benefits from Date of Order. Zilla Parishad Teachers Entitled to Pay Revision from 02/12/2003 as Per Government Resolution.

The petitioners, four Assistant Teachers working in different Zilla Parishad schools in Chandrapur, filed a writ petition seeking the benefit of pay u...

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Bombay High Court Allows Retired Employee's Challenge to Recovery of Excess Pension Paid Due to Mistaken Inclusion of Promotional Increment. Recovery of excess payment after six years of retirement held impermissible as per principles against recovery from retired employees.

The petitioner, Tarachand s/o Urkudaji Gajbhiye, a retired government employee, was aggrieved by an order dated 19.1.2016 issued by respondent No. 2, ...

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Bombay High Court Allows Writ Petition Challenging Recovery of Excess Pay in Ordnance Factory Case. Recovery of Excess Amount Paid Due to Employer's Mistake Held Impermissible When Employees Are in Same or Higher Pay Scale and No Misrepresentation Is Involved.

The petitioners, employees of Ordnance Factory Bhandara, were granted a higher pay scale by the employer. Subsequently, the employer sought to recover...