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Bombay High Court Dismisses Applicant's Claim for Compensation in Arbitration Proceedings Due to Lack of Jurisdiction Under Section 11 of Arbitration and Conciliation Act, 1996. Designate Judge under Section 11 cannot award compensation for alleged delay in arbitration; remedy lies elsewhere....

The applicant, Shailesh H. Kulkarni, filed a Misc. Civil Application under Section 11 of the Arbitration and Conciliation Act, 1996 seeking directions against the Union of India and other railway auth...

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High Court Allows Appeal in Motor Accident Claim Due to Tribunal's Failure to Consider Evidence — Permanent Disability Established Despite Lack of Driving License. Claimant's Evidence and Documents Ignored by Tribunal, Matter Remanded for Fresh Adjudication Under Motor Vehicles Act, 1988....

The appellant, Bandu s/o Raghoji Ujwalkar, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, seeking compensation for injuries sustained in a motor vehicle accident involving a...

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Bombay High Court Allows PIL Challenging Construction of Transit Camps on Reserved Land in Violation of MRTP Act. Construction on Land Reserved for Playground and Primary School Under Development Plan Held Illegal Despite Being Part of JNNURM Project....

The petitioners, residents of Ulhasnagar, challenged resolutions of the Standing Committee and General Body of the Ulhas Nagar Municipal Corporation (First Respondent) dated 25 August 2009 and 13 Nove...

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Bombay High Court Quashes Preventive Detention Orders in Red Sanders Smuggling Case — Failure to Consider Less Restrictive Alternatives. Detention under Section 3(1) of COFEPOSA set aside as detaining authority did not consider whether bail conditions or other measures would suffice....

The Bombay High Court allowed two habeas corpus petitions challenging preventive detention orders dated 21 February 2013 issued under Section 3(1) of the Conservation of Foreign Exchange and Preventio...

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High Court of Karnataka Allows Writ Petition Challenging Labour Court's Rejection of Industrial Dispute Under Section 10(4-A) of Industrial Disputes Act, 1947 — Remands Matter for Fresh Consideration on Merits. Labour Court Failed to Adjudicate Issues Framed Regarding Fairness of Domestic Enquiry and Sustainability of Dismissal Order, Leading to Remand....

The petitioner, Shri V. Ramachandrappa, a workman employed by the Karnataka State Road Transport Corporation (KSRTC), was dismissed from service by an order dated 10-8-2010 passed by the respondent-Co...

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Bombay High Court Allows Delayed Filing of Written Statement in Civil Suit for Damages — Order VIII Rule 1 CPC Held Directory. The court set aside the trial court's refusal to accept the written statement, holding that the provision is directory and the delay was satisfactorily explained....

The petitioner, Ravindralal Biharilal Srivastava, was the defendant No.1 in Special Civil Suit No.1056/2010 filed by respondent No.1, Vimalkumar Santlal Srivastava, for recovery of damages of Rs. 5 cr...

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Bombay High Court Dismisses State's Appeal in Motor Accident Claim — Compensation Upheld as Just and Fair. Monthly income of deceased notionally considered at Rs.1,200/- per month held to be average for able-bodied adult; no evidence of excess....

The State of Maharashtra, through the Executive Engineer, Public Works Division No.1, Gadchiroli, filed an appeal against the judgment and award dated 21/10/2003 passed by the Motor Accident Claims Tr...

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NOTICE OF MOTION NO. 443 OF 2012...

The matter arises out of Suit No. 1512 of 2009 before the Bombay High Court, filed by Shapoorji Pallonji & Company Ltd. against Jignesh Shah, Aruna Shah, Kaushik Shah, Hemal Shah (partners of Crescent...

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Bombay High Court Dismisses Appeal Against Consent Terms in Trust Dispute — Consent Terms Dictated by Court and Signed by Parties Constitute Binding Order Even Without Formal Disposal Order. The court held that consent terms, once signed by parties and recorded by the court, attain finality and cannot be unilaterally resiled from....

The appeal arose from an order of a Learned Single Judge dated 23 November 2012 dismissing a motion taken out by the appellant, Kiran Narottamdas Merchant, in a Trust Petition. The appellant and the f...

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Bombay High Court Addresses Interim Applications in Redevelopment Contract Dispute Between Developer and Partner. The Court Examines Injunctions Against Termination and Alienation of Property Under the Specific Relief Act....

The plaintiff, Shapoorji Pallonji & Company Ltd., a company incorporated under the Companies Act, 1913, filed Suit No. 1512 of 2009 before the Bombay High Court against defendant nos. 1 to 4, partners...