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Bombay High Court Dismisses Writ Petition Challenging Arbitration Award in Development Agreement Dispute. Court Holds That Findings of Fact by Arbitrator Cannot Be Reopened Under Article 226 Unless Perverse or Contrary to Law....

The petitioners, eight individuals, filed a writ petition under Article 226 of the Constitution of India challenging an arbitration award dated 30th June 2012 passed by a sole Arbitrator. The dispute ...

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Bombay High Court Grants Letters of Administration to Widow in Testamentary Suit Over Intestate Estate, Rejecting Objections of Mother-in-Law on Fitness Grounds. Court Holds That Widow Was Not Separated and Is Entitled to Letters Even for Disputed Properties Including Father-in-Law's Flat and Ancestral Land Under Indian Succession Act, 1925....

The dispute arose upon the intestate death of Dilip Chhaganlal Dave on 28 August 2001, survived by his widow, mother, and minor daughter. The widow petitioned for letters of administration to his esta...

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Bombay High Court Dismisses Appeal Against Striking Off Defence in Foreign Award Enforcement. Non-compliance with interim orders under Section 9 of Arbitration and Conciliation Act, 1996 leads to striking off defence under Order 39 Rule 11 CPC....

The appeal arose from a judgment of a learned Single Judge of the Bombay High Court dated 4 October 2012, which allowed a motion under Order 39 Rule 11 of the Code of Civil Procedure, 1908 (CPC) strik...

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High Court of Bombay at Goa Dismisses Petition Challenging Tender Cancellation for Canteen at Ravindra Bhavan — No Right to Claim Continuation of Contract After Expiry of Term. The court held that no vested right accrues until contract is awarded, and cancellation of tender for public interest is not arbitrary under Articles 226 and 227 of the Constitution of India....

The petitioner, Jude E. Pereira, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a mandamus to direct the respondents to open the financial bid and finalize the a...

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Bombay High Court Allows Writ Petition Challenging Seizure of Goods Under Legal Metrology Act — Seizure Held Invalid for Non-Compliance with Section 15(2) of the Legal Metrology Act, 2009. Mandatory requirement of serving copy of seizure memo to the person from whom goods are seized was not complied with, rendering seizure invalid....

The petitioner, M/s Procter and Gamble Home Products Limited, a company incorporated under the Companies Act, 1956, filed a writ petition under Article 226 of the Constitution of India challenging the...

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Bombay High Court Quashes Reassessment Notices and Assessment Order Against Charitable Trust for Amended Objects Clause. Primarily for Catholics Does Not Vitiate Charitable Purpose Under Section 2(15) of Income Tax Act, 1961....

The petitioner, Society of the Franciscan (Hospitaller) Sisters, is a public trust registered under the Bombay Public Trusts Act, 1950, conducting educational institutions, homes for the elderly, host...

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Bombay High Court Upholds Will Validity in Testamentary Suit — Letters of Administration Granted to Plaintiff. Court finds that the will dated 25th August 1994 was validly executed by the deceased testator and that the caveatrix failed to prove fraud, undue influence, or misrepresentation....

The case concerns a testamentary suit filed by the plaintiff, Charulata @ Renuka Haresh Lulla, seeking letters of administration with the will of the deceased Dr. Nari Kriplani annexed. The deceased h...

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Bombay High Court Dismisses Review Petition in Arbitration Matter Due to Lack of Jurisdiction Under Section 5 of Arbitration Act. Review Petition Against Order Under Section 37 of Arbitration and Conciliation Act, 1996 Held Not Maintainable as Review Not Provided Under Part I of the Act....

The petitioner, M/s Madhav Structural Engineering Ltd., was awarded a contract by the respondent, Maharashtra State Road Development Corporation Ltd., on 26 June 2001 for a road improvement project. D...

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Bombay High Court Acquits Accused in Murder Case Due to Unreliable Dying Declaration and Weak Circumstantial Evidence. Conviction under Section 302 IPC set aside as prosecution failed to prove guilt beyond reasonable doubt....

The appellant, Santosh Jaywant Takawane, was convicted under Section 302 of the Indian Penal Code, 1860 for the murder of Nirmala, the wife of Chandrakant, and sentenced to life imprisonment. The pros...