Search Results for "equitable principle"

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Bombay High Court Dismisses Employer's Challenge to Industrial Court Order Quashing Recovery of Excess Salary Paid Due to Employer's Mistake. Recovery of Rs.1,94,637/- from Retired Employee Set Aside as Employer's Inadvertence Cannot Be Visited on Employee.

The respondent, Sou. Anjali Anil Tare, was appointed as a Lower Division Clerk (LDC) in 1977 and passed her lower division grade examination in 1980, ...

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Bombay High Court Quashes FIR in Domestic Violence Case Due to Lack of Territorial Jurisdiction — Marriage Solemnized and Incident Occurred in Gujarat, Not Maharashtra. Section 27 of Protection of Women from Domestic Violence Act, 2005 Requires Proceedings in Court Where Victim Resides or Incident Occurs.

The petitioner, an Indian citizen, filed a writ petition under Article 226 of the Constitution read with Section 482 of the Code of Criminal Procedure...

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Supreme Court Allows IRCTC's Appeals in Catering Contract Dispute, Restricts Interference Under Sections 34 and 37 of Arbitration Act. Court holds that High Court erred in re-appreciating evidence and substituting its own view over arbitrator's findings on tariff revision.

The Supreme Court allowed the appeals filed by Indian Railways Catering and Tourism Corporation Ltd. (IRCTC) and other parties, setting aside the Delh...

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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...

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Bombay High Court Dismisses Suit by Minor Children Seeking to Set Aside Family Settlement — Memorandum of Family Settlement Held Binding as a Family Arrangement Under Contract Act and Specific Relief Act

The plaintiffs, four children of Madhupati and Anuradha Singhania (Defendants 1 and 2), filed a suit seeking cancellation of a Memorandum of Family Se...

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Bombay High Court Allows Safai Kamacharis' Petition Against Arbitrary Termination by Municipal Corporation. Contractual Termination Set Aside for Violation of Natural Justice and Right to Livelihood Under Article 21.

The petitioners, nineteen individuals, were working as safai kamacharis (sanitation workers) on a contract basis with the Pimpri Chinchwad Municipal C...