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Bombay High Court Holds Arbitral Tribunal Cannot Appoint Court Receiver Under Section 17 of Arbitration Act. Court Receiver is an Officer of the High Court Subject Only to Chief Justice's Supervision....

The Court Receiver, High Court, Bombay filed a Report seeking directions on whether the Registry should accept matters where an Arbitral Tribunal appoints the Court Receiver as a Receiver for executio...

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Karnataka High Court Dismisses Review Petition in SC/ST Land Grant Case — No Error Apparent on Record. Review Petition against order in Writ Petition No.7988/2002 dismissed as the petitioner failed to establish any error apparent on the face of the record or grounds for review under Order 47 Rule 1 CPC....

The case arises from a review petition filed against the order dated 17.06.2013 in Writ Petition No.7988/2002. The original writ petition involved a dispute over land granted to a person belonging to ...

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High Court of Karnataka Quashes Assignment of Stage Carriage Timings Due to External Dictation and Invalid Tribunal Directions. The Tribunal’s General Directions Under Section 90 of the Motor Vehicles Act, 1988 Were Held to Be Without Jurisdiction and Non-Compliance with Natural Justice....

The writ petitions arose from the assignment of timings for stage carriage permits in Udupi district. The petitioner, K. Satish Nayak, an existing stage carriage operator, challenged orders passed by ...

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Bombay High Court Dismisses Appellant's Second Appeal in Property Possession Dispute — Concurrent Findings of Failure to Prove Part Performance Under Section 53A of Transfer of Property Act, 1882 Upheld. Possession Based on Court Orders, Not Agreement to Sell, and Lack of Readiness and Willingness to Pay Balance Consideration Defeats Claim of Part Performance....

The case involves a second appeal by the original defendant, Ajabrao Marotrao Radake, against the concurrent decisions of the trial court and the lower appellate court. The plaintiffs, Bhalchandra Vit...

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High Court of Bombay at Goa Allows Review Petition in Income Tax Matter Following Supreme Court Remand — Review Maintainable Under Section 260A(7) of Income Tax Act, 1961. The Supreme Court set aside earlier orders and remanded the matter for deciding the review petition on merits, holding that review is available against orders under Section 260A....

The Commissioner of Income Tax filed a review application (Civil Application (Review) No.8 of 2011) against an order passed in Tax Appeal No. 16 of 2007, along with a connected review application (Civ...

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Bombay High Court Quashes FIR in Cheque Dishonour Case Due to Improper Service of Demand Notice. Service of notice by Under Postal Certificate (UPC) instead of registered post with acknowledgement due does not meet the requirement of Section 138 of the Negotiable Instruments Act, 1881, leading to quashing of FIR....

The applicants, Suhas @ Pappu s/o Sarjerao Kakade and Sachin s/o Vithalrao Dagdu, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 before the Bombay High Court, A...

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Bombay High Court Dismisses Passing Off Injunction in Pharmaceutical Trademark Dispute Due to Delay and Acquiescence. Similarity of marks alone insufficient for interim relief when defendant has used its registered mark for nearly a decade without evidence of confusion....

The plaintiff, Torrent Pharmaceuticals Ltd, filed a suit for trademark infringement and passing off against Wockhardt Ltd and Overseas African Remedies (I) Pvt Ltd, seeking an interim injunction to re...

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Bombay High Court Dismisses State Appeal in Motor Accident Claim — Negligence of Milk Tanker Driver Established by Minor Son's Testimony. Court upholds award of Rs.1,65,000 to widow and children of deceased Kailashchandra under Motor Vehicles Act, 1988....

The State of Maharashtra and other appellants appealed against the judgment and award dated 5 August 1995 of the Motor Accidents Claim Tribunal (MACT), Nashik, in Motor Accident Claim Petition No.371 ...