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Bombay High Court Dismisses Appeal in Arbitration Enforcement Dispute — Award Under 1940 Act Cannot Be Enforced Under 1996 Act. Contractor's Award for Road Construction Work Held Unenforceable as Arbitration Was Governed by Arbitration Act, 1940 and Award Was Not Made Rule of Court....

The appellant, M/s. Radhey Shyam Associates, a contractor, filed a Letters Patent Appeal challenging the judgment of a learned Single Judge of the Bombay High Court, Aurangabad Bench, dated 11.02.2008...

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Bombay High Court Dismisses Petition Challenging Up-Sarpanch Election Due to Absence of Notice. Court Holds That Presence and Participation of All Members Cures Any Defect in Notice Under Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961....

The petitioners, who were members of Gram Panchayat Sukli, challenged the election of respondent no.6 as Up-Sarpanch. The election was held on 23.05.2018, and respondent no.6 was declared elected unop...

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Bombay High Court Dismisses Petition Challenging Addition of Party in Electricity Dues Suit. Trial Court's Discretion to Add Petitioner as Defendant No.2 Under Order I Rule 10 CPC Upheld to Avoid Multiplicity of Proceedings....

The petitioner, M/s Manidhari Air Products, challenged the order of the Civil Judge, Senior Division, Chandrapur, allowing an application filed by respondent no.1 (Maharashtra State Electricity Distri...

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High Court of Bombay at Goa Allows Petition Challenging Review Order of Appellate Board Under Rent Act — Review Power Not Conferred by Statute. The Appellate Board under Section 41(1) of the Goa Buildings (Lease, Rent and Eviction) Control Act, 1968 has no power to review its own order, and the review order dated 30.09.2017 was set aside....

The case involves a dispute under the Goa Buildings (Lease, Rent and Eviction) Control Act, 1968 (Rent Act). The respondent, Luis Sales de Andrade e Souza, is the landlord of premises originally let o...

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Bombay High Court Allows Partition Suit in Family Property Dispute — Plaintiff Entitled to 1/5th Share. Co-owner's Right to Partition Upheld Despite Unproven Allegations of Oral Partition and Will....

The suit was filed by Indira Rajguru, a resident of the United Kingdom, against her brothers and sister (defendants) for partition and separate possession of a property situated in Mumbai. The plainti...

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Bombay High Court Dismisses Petition Challenging Denial of Remission to Convict Based on Adverse Judicial Appraisal. Remission Under Section 432 CrPC Requires Well-Informed, Reasonable Decision and Judicial Appraisal is a Relevant Factor....

The petitioner, Satish Dada Londhe, filed a Criminal Writ Petition under Article 226 of the Constitution of India before the Bombay High Court challenging the denial of remission under Government Circ...

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Bombay High Court Dismisses Appeal as Abated Due to Death of Appellant in Corruption Case. Appeal Against Conviction Under Prevention of Corruption Act Abates Under Section 394 CrPC as No Legal Heir Can Continue Challenge to Conviction....

The appellant, Vijay Parvatrao Salunkhe, a police constable, was convicted by the trial court for offences under Sections 7 and 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 19...

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Bombay High Court Clarifies Scope of Hearing at Admission Stage of Victim's Appeal Under Proviso to Section 372 Cr.P.C. — No Leave Required, Summary Dismissal Permissible After Hearing. The court held that the hearing at admission stage is not a full-fledged hearing but an opportunity to show sufficient ground for interference under Section 384 Cr.P.C....

The Bombay High Court addressed the scope of hearing at the admission stage of an appeal filed by a victim under the proviso to Section 372 of the Code of Criminal Procedure, 1973 (Cr.P.C.). The appli...

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Bombay High Court Upholds Eviction Decree for Unlawful Subletting Under Bombay Rent Act. Tenant's Induction of Third Parties into Suit Premises Constitutes Subletting Under Section 13(1)(e) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947....

The petitioners (defendants) challenged the judgment and decree dated 20th December 1997 passed by the learned IV Extra Joint District Judge, Pune in Civil Appeal No.882 of 1995, which allowed the app...