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Bombay High Court Dismisses Appeal Against Refusal to Restrain Bank Guarantee Invocation in Contract Dispute. No Fraud or Special Equities Established to Prevent ONGC from Encashing Bank Guarantees Furnished by Mercator Oil & Gas.

The appellant, Mercator Oil & Gas Limited, had entered into a contract with the first respondent, Oil & Natural Gas Corporation Limited (ONGC), for th...

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Madras High Court Dismisses Workman's Appeal in Industrial Dispute, Upholding Termination for Possession of Medical Equipment. Concurrent Factual Findings of Misconduct by Labour Court and Single Judge Lead to Dismissal of Writ Appeal, with No Interference in Termination.

The matter arose from an intra-court writ appeal before the High Court of Judicature at Madras against an order of a Single Judge in a writ petition c...

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Bombay High Court Dismisses Employee's Petition Challenging Termination from PTI Post Due to Non-Availability of Vacant Post. Appointment as Physical Training Instructor was invalid as only one sanctioned post existed, occupied by a senior employee.

The petitioner, Dilipkumar Fanendranath Katre, was employed as a Physical Training Instructor (PTI) at Swamy Vivekanand High School, Karanja, run by P...

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Bombay High Court Allows Gratuity Claim in Payment of Gratuity Act Case — Resignation Not Ground for Forfeiture. Forfeiture of gratuity under Section 4(6) of Payment of Gratuity Act, 1972 requires termination for misconduct causing damage; resignation does not justify forfeiture.

The petitioner, H. Jayarama Shetty, joined the respondent Sangli Bank Ltd. on 28 May 1991. On 3 May 1994, a show cause notice was issued regarding irr...

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Bombay High Court Dismisses Bank's Petition Challenging Gratuity Payment to Terminated Employee. Forfeiture of Gratuity Under Section 4(6) of Payment of Gratuity Act, 1972 Requires Loss of Property or Moral Turpitude, Not Mere Misconduct.

The petitioner, The Jalgaon District Central Co-operative Bank Limited, challenged an order dated 09.10.2024 passed by the Appellate Authority/Industr...

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Bombay High Court Dismisses Tenant Company's Revision Against Jurisdiction Under PSCC Act. Company Failed to Prove Paid-Up Share Capital Below Rs.1 Crore to Avail Protection Under Maharashtra Rent Control Act, 1999.

The dispute arose from a suit for possession filed by the original plaintiffs (respondents 1 to 12) against M/s. New Era Fabrics Ltd., the original de...

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High Court of Bombay Quashes Appellate Order Dismissing Eviction Suit, Holding Suit Not Barred by Limitation and Licensee Not Tenant, and Remands for Fresh Hearing. License Agreement Did Not Create Tenancy; Defendants Failed to Prove Protected Licensee Status Under Section 15A of Bombay Rent Act.

This writ petition under Articles 226 and 227 of the Constitution of India challenged the judgment and order dated 25.06.2003 passed by the Appellate ...