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Bombay High Court Dismisses Application for Appointment of Arbitrator in Fraud Dispute. Serious Allegations of Misappropriation Render Dispute Non-Arbitrable Under Section 11(6) of the Arbitration and Conciliation Act, 1996....

The Applicant, Ivory Properties & Hotels Pvt. Ltd., filed an application under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeking appointment of an arbitrator to resolve disputes ari...

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Bombay High Court Dismisses Tenant's Petition in Eviction Suit for Arrears of Rent — Slum Area Declaration Does Not Oust Jurisdiction of Small Causes Court Without Prior Permission Under Section 22 of Maharashtra Slum Areas Act....

The petitioner, Hari Dhondu Gurav, was a monthly tenant in a room in Clement D'Souza Chawl, Mumbai, owned by the respondent, Jhonney Augustine Gomes. The respondent filed a suit for eviction on July 5...

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High Court of Bombay at Aurangabad Allows Appeal Against Conviction Under Sections 307 and 332 IPC Due to Lack of Evidence of Intention to Kill and Illegal Arrest. Conviction Under Section 135 Bombay Police Act Also Set Aside as Prosecution Failed to Prove Gupti Assault Caused by Blunt Side and Injury Was Simple....

In 1995, a police head constable, Mohammad Khan Pathan, and other police personnel from Itwara police station, Nanded, were ordered by Police Inspector Mandhane to arrest the appellant, Sk. Khaja, in ...

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Bombay High Court Reduces Conviction from Attempt to Murder to Voluntarily Causing Hurt by Dangerous Weapons in Land Dispute Assault Case. Appellants convicted under Section 324 IPC instead of Section 307 IPC as injuries were simple and no intention to cause death was established....

The appellants, Amruta Deshmukh and his son Anil Deshmukh, were convicted by the 3rd Additional Sessions Judge, Nanded in Sessions Case No.123 of 1996 for offences under Section 307 read with Section ...

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Bombay High Court Considers Writ Petitions and Civil Revision Application Challenging Execution of Decree for Specific Performance; Executing Court Had Directed Sale Deed Execution. The dispute arose from a decree in First Appeal No. 790 of 1991 requiring deposit of consideration and execution of sale deed of about 18.07 acres land at Mouza Dhaba, Nagpur....

The matter comprised three connected proceedings—Writ Petition Nos. 113 and 1691 of 2010, and Civil Revision Application No. 76 of 2009—filed before the Bombay High Court, Nagpur Bench, challengin...

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Bombay High Court Acquits Accused in Murder Case Due to Inconsistent Dying Declarations. Conviction under Section 302 IPC set aside as dying declarations were contradictory and prosecution failed to prove guilt beyond reasonable doubt....

The case involves a criminal appeal against the conviction of two appellants, Shakuntalabai and Manoj Joshi, for the murder of Prabhabai Joshi under Section 302 read with Section 34 of the Indian Pena...

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Bombay High Court Dismisses Residents' Association PIL Against School Construction on Recreational Ground — No Violation of Public Trust Doctrine. Change of Land Use from Recreational to Educational Valid Under Development Control Regulations....

The petitioners, Cuffe Parade Residents Association and its office bearers, filed a writ petition under Article 226 of the Constitution of India challenging the construction of a school building by G....

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Patna High Court Sets Aside Compromise Decree in Partition Suit Due to Procedural Irregularities. The court found that the learned Court below improperly recorded the compromise without ensuring that the conditions were fulfilled, thus rendering the compromise invalid....

The First Appeal No. 190 of 1996 was directed against a compromise decree passed by the Subordinate Judge-I, Patna in Title Partition Suit No. 37 of 1994. The original appellant, Devnandan Singh, had ...

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Bombay High Court Dismisses Petition of Workmen Seeking Absorption in Western Coalfields Limited — Canteen Workers Not Entitled to Direct Absorption as Contractor Was Not a Sham and Contract Labour Was Not Prohibited Under the Contract Labour (Regulation and Abolition) Act, 1947....

The petitioner, a trade union representing workmen of Taroda Opencast Mine of Western Coalfields Limited, challenged an award of the Central Government Industrial Tribunal No. 2, Mumbai, dated 02.05.1...

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Bombay High Court Upholds Conditional Leave to Defend in Summary Suit for Recovery of Magnetite Powder Price. The court held that triable issues existed but the defendant's defence was not wholly bona fide, warranting security under Order 37 Rule 3(5) CPC....

The judgment concerns two writ petitions arising from a summary suit for recovery of Rs. 38,89,674.14 filed by the plaintiff (M/s. Parijat Enterprises) against the defendant (M/s. Bhushan Steel Limite...