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High Court of Bombay Finds Industrial Court's Order Erroneous for Reading Unproved Consent Certificate Under Section 28(1A) of Trade Union Act. Failure to Prove Consent Certificate as Required by Section 28(1A) of Trade Union Act, 1926 Renders Industrial Court Proceeding Without Jurisdiction.

The petitioner, Arun Asatkar, was a member of the Nagpur Union of Working Journalists since 1978 and worked at Lokmat newspaper. A dispute arose regar...

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Bombay High Court Quashes Detention Order Under MPDA Act for Non-Verification of In-Camera Statements. Failure to Verify Secret Statements Renders Subjective Satisfaction Invalid, Making Detention Order Unsustainable.

The petitioner, brother of the detenu Dipak alias D. Baba Kashinath Kamble, challenged a detention order dated 7 August 2015 issued by the Commissione...

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Madras High Court Rehears Interlocutory Applications in Trademark Dispute for Interim Injunction. Court Directed to Apply Trinity Tests and Consider Section 12-A Compliance and Order 2 Rule 2 Bar After Remand by Division Bench.

The Madras High Court reheard two interlocutory applications in a commercial suit involving a trademark dispute over the 'Massey Ferguson' brand. Trac...

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Bombay High Court Adjudicates Dual Proceedings on Cooperative Housing Society Dispute Over Change of User and Structural Alterations. The Court Examines Legality of Converting Residential Flats to Nursing Home and Making Additions Without Consent Under Maharashtra Ownership Flats Act, 1963.

The matter involved two consolidated proceedings: a writ petition under Article 227 of the Constitution of India challenging an order of the Maharasht...

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Bombay High Court Dismisses PILs Alleging FDI Violations in Insurance Sector as Motivated by Personal Interest. Petitioner's failure to disclose material facts and filing of multiple petitions with similar allegations leads to dismissal with costs.

The petitioner, Sambhaji Savakar Jadhav, filed three public interest litigation petitions under Article 226 of the Constitution of India before the Bo...

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Supreme Court Allows Appeal Against High Court Order Holding Anticipatory Bail Maintainable Despite Custody in Another Case. Person in Custody Cannot Apprehend Arrest and Thus Cannot Seek Pre-Arrest Bail Under Section 438 CrPC.

The Supreme Court considered the question of whether an application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 (C...

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Supreme Court Dismisses Union of India's Appeal in Land Acquisition Compensation Case — Lease Not Fraudulent. High Court's finding that lease was validly granted by Gaon Sabha with due approval upheld; no fraud established to vitiate earlier decree.

The Union of India and another appealed against the High Court of Delhi's judgment dated 21.05.2007, which allowed the respondents' appeals and set as...

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Bombay High Court Dismisses Petition Challenging No-Confidence Motion Against Upa-Sarpanch. 3/4th Majority for Removal of Upa-Sarpanch Must Be Calculated Based on Total Members of Panchayat, Not Only Those Present and Voting.

The petitioner, Archna Phulare, was the Upa-Sarpanch of Shivgaon-Pathari Gram Panchayat. A no-confidence motion was passed against her by 7 votes to 2...