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Bombay High Court Dismisses Employer's Challenge to Industrial Court Award Granting Wage Hike to Workmen Under Section 73(2) of MIR Act. Industrial Court's Findings on Comparable Units and Financial Capacity Upheld as Not Perverse.

The petitioner, M/s Diffusion Engineering Limited, a public limited company operating four manufacturing units, challenged an award dated 15-2-2019 pa...

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Bombay High Court Dismisses Writ Petition of Bank Employee Challenging Dismissal for Misuse of Credit Card. Misconduct of Exceeding Credit Limit and Continued Use After Card Was Hot-Listed Constitutes Gross Misconduct Justifying Dismissal Without Enquiry Under Bipartite Settlement.

The petitioner, Ramesh Raghunath Chavan, was an employee of the Bank of India. He was issued a credit card in 1995. He misused the card by exceeding t...

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Bombay High Court Allows Recovery Suit Against Carrier for Short Delivery of Pharmaceutical Cargo Under Carriage of Goods by Sea Act, 1925. Carrier Held Liable for Missing Cartons Despite Claim of Limited Liability as Value Was Declared in Bill of Lading.

The plaintiffs, M/s. Unique Pharmaceutical Laboratories, filed a suit for recovery of Rs. 11,32,583/- with interest against the defendants, M/s. Stalc...

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Bombay High Court Enforces Foreign Arbitral Award in Favor of Singapore Seller Against Indian Buyer. Rejects Objections Based on Conflicting Jurisdiction Clauses and Public Policy Under Section 48 of Arbitration and Conciliation Act, 1996.

The petitioner, M/s. Louis Dreyfus Commodities Asia Pte Ltd., a Singapore-based company, filed a petition under Sections 47 and 48 of the Arbitration ...

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Bombay High Court Dismisses Plaintiff's Claim for Short-Landed Cargo Due to Lack of Evidence and Limitation. The court held that the plaintiff failed to prove that the consignment was loaded on board the vessel and that the suit was barred by limitation under the Indian Carriage of Goods by Sea Act, 1925.

The plaintiff, Wallace Pharmaceuticals Pvt. Ltd., filed a suit for recovery of US$154,000 representing the CIF value of 40 drums of Lincomycin HCL BP ...

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High Court of Bombay at Goa Dismisses Appeal in Land Title Dispute — Appellants Fail to Prove Ownership of Suit Property. Suit for Declaration and Possession Dismissed as Appellants Could Not Establish Title Over Land Allegedly Encroached by Forest Department.

The appellants, Baburao Hirbarao Desai and others, filed a suit for declaration of title and restoration of possession against the State of Goa, the C...

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Bombay High Court Allows Writ Petition Against Licensing Authorities for Erroneous Licence Leading to 20 Years of Litigation. Petitioner Firm Penalised for Lapses of Licensing Authorities; Court Grants Relief Based on Fair Admission by Respondents.

The petitioner, M/s. General Instruments Co., a partnership firm registered under the Indian Partnership Act, 1932, filed a writ petition in the Bomba...

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Bombay High Court Dismisses Claims for Damages Against Plaintiff for Wrongful Arrest of Cargo in Admiralty Suit — Undertaking Under Rule 941 of Bombay High Court (OS) Rules Not Enforceable After Suit Withdrawal Without Adjudication on Merits.

The Plaintiff, Navbharat International Ltd., filed an admiralty suit and obtained an ex-parte order dated 12th January 2010 for arrest of cargo on boa...

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Bombay High Court Allows Pensioners' Writ Petitions for Full Pension Benefits Under Maharashtra Zilla Parishad and Panchayat Samiti Service Rules. Pension is a right, not a bounty, and cannot be withheld or reduced arbitrarily; respondents directed to pay full pension with interest.

The judgment involves a batch of writ petitions filed by retired employees of Zilla Parishad, Aurangabad, seeking full pension and pensionary benefits...

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Bombay High Court Dismisses Applications to Recall Consent Terms and Set Aside Consent Decrees in Property Disputes Between Family Members. Court Holds That Consent Terms Recorded by Counsel Are Binding on Parties and Cannot Be Challenged on Grounds of Fraud Without Proper Pleadings and Evidence.

The judgment pertains to two Notice of Motions filed by the defendants in two separate suits seeking recall and setting aside of consent terms and con...