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Bombay High Court Allows Appointment of Commissioner to Record Evidence of Aged and Ailing Plaintiff in Civil Suit — Order 18 Rule 4 and Order 26 Rule 1 CPC. The court held that the trial court failed to exercise its discretion judiciously and that the petitioner's age and health conditions justified the appointment of a commissioner to avoid hardship....

The petitioner, Shri Nilconta Gangadhar Sinai Amonkar, aged about 80 years (stated as 87 years in the application), filed a writ petition challenging an order dated 09.08.2012 passed by the learned Ci...

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Bombay High Court Dismisses Appeal for Delay in Arbitration Matter — Limitation Act Applies to Appeals Under Section 37 of Arbitration and Conciliation Act, 1996. Delay of 60 Days Not Condoned as No Sufficient Cause Shown; Article 116 of Limitation Act Prescribes 90-Day Limitation for Appeals Against Orders Under Section 34....

The case involves a Notice of Motion filed by Oil & Natural Gas Corporation Ltd. (ONGC) seeking condonation of a 60-day delay in filing an appeal under Section 37 of the Arbitration and Conciliation A...

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Bombay High Court Allows Appeal Under Section 37(2)(b) of Arbitration Act Against Arbitrator's Order Rejecting Interim Relief — Holds That Arbitrator Must Consider Prima Facie Case, Balance of Convenience, and Irreparable Loss Before Refusing Interim Injunction....

The appellant, Spice Digital Ltd., filed an appeal under Section 37(2)(b) of the Arbitration and Conciliation Act, 1996, challenging an order dated 16th August 2012 passed by the learned arbitrator re...

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Bombay High Court Allows Landlord's Appeal Against Review Order Permitting Tenant to Amend Written Statement in Rent Suit. Amendment Sought After Trial Decree and After Rejection of Earlier Amendment Application, Not Allowed as It Would Circumvent Finality of Decree....

The case arises from a suit for eviction filed by the landlord (appellants) against the tenant (respondents) for default in payment of rent from April 1990. The trial court decreed the suit on 25.4.19...

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Bombay High Court Upholds Disqualification of Gram Panchayat Member for Encroachment on Government Land under Section 14(1)(j-3) of Bombay Village Panchayat Act, 1958. Petitioner disqualified as her husband's family encroached on gairaan land and she was in possession, making her liable for disqualification....

The petitioner, Sou. Kanchan Shivaji Atigre, was elected as a member of Gram Panchayat Padwalwadi from Ward No.3 reserved for women (general) on 27 June 2010 and later elected unopposed as Sarpanch. R...

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Bombay High Court Upholds Eviction Under Public Premises Act for Subletting Without Consent. Life Insurance Corporation's Eviction Order Against Tenant's Legal Heirs Confirmed as Subletting to Private Companies Constitutes Unauthorised Occupation....

The case involves an appeal against an eviction order passed under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971. The Life Insurance Corporation of India (LIC), the respondent, so...

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Bombay High Court Allows Return of Licensed Revolver in Atrocity Case — Arms Act License Holder Entitled to Possession Pending Trial. Petitioner's revolver deposited as condition of anticipatory bail ordered to be returned as not required for investigation or trial....

The petitioner, Badrinath Sable, a licensed revolver holder, was implicated in Crime No. 21 of 2011 for offences under Sections 376, 420, 312, 109, 506 read with 34 IPC, Section 3(10)(xii) of the Sche...

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Patna High Court Dismisses Appeal in Civil Matter — Appeal Status Confirmed as Dismissed....

The case involved an appeal filed by Most. Tapia against Tilakdhari Kandu and others. The appeal was initially dismissed by the Patna High Court on 30th April, 2001. The court reviewed the procedural ...

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Bombay High Court Quashes FIR Against Directors in VAT Evasion Case — IPC Offences Not Invokable When Special Statute Exists. FIR under IPC and MVAT Act quashed as investigation under MVAT Act must be by VAT authorities, not police, and IPC cannot be invoked for acts covered by special statute....

The petitioners, directors of G.S. Oils Ltd., challenged FIR No. 139/2012 registered at Police Station Wani for offences under Sections 406, 409, 420, 465, 471, 468, 120B, 34 of IPC and Sections 74(1)...