Bombay High Court Considers Section 11 Petition for Appointment of Arbitral Tribunal in Monorail Project Cost Overrun Dispute. Pre-Arbitration Steps Under Clause 20 of General Conditions of Contract Allegedly Not Followed by Contractor....
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Bombay High Court
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High Court
Bombay High Court Allows Section 11 Petition for Appointment of Arbitrator Despite Pending Civil Suit. Filing of a civil suit does not constitute waiver of arbitration rights unless the suit seeks to enforce the same cause of action against the same parties....
The petitioner, Indapur Dairy And Milk Products Limited, filed a petition under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of an arbitral tribunal to adjudicate disp...
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High Court
Bombay High Court Dismisses Compensation Claim for Illegal Externment Under Section 144 CrPC — No Right to Compensation for Violation of Fundamental Rights Without Specific Provision. Petitioners, social workers, sought compensation for being prevented from entering their native place under an order under Section 144(2) CrPC, later set aside; court held that compensation requires proof of malice or gross negligence, not present here....
The petitioners, Narendra Parshuram Patil and Mayur Waman Chaudhary, social workers from Nandurbar, filed a criminal writ petition seeking compensation from the State of Maharashtra and other responde...
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High Court
Bombay High Court Allows Appeal in Railway Accident Claim — Deemed Deceased a Bona Fide Passenger Despite Absence of Ticket. Held that Railway failed to prove deceased was not a bona fide passenger; postmortem report and inquest panchnama indicated death due to fall from train, and burden to prove lack of valid ticket was on Railway under Section 124A of the Railways Act, 1989....
The appellants, parents of the deceased Arun, filed a claim before the Railway Claims Tribunal, Nagpur, alleging that their son died in an untoward incident on 11.02.2014 while travelling from Jabalpu...
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High Court
Bombay High Court Allows Quashing of FIR for Abetment of Suicide Against Married Woman. Single Slap Without Intent to Abet Suicide Does Not Attract Section 306 IPC....
The applicant, Savita Mohurle, filed a criminal application under Section 482 CrPC seeking quashing of FIR No.205 of 2018 registered at Sindewahi Police Station for offence under Section 306 IPC. The ...
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High Court
Bombay High Court Acquits Accused in NDPS Case Due to Non-Compliance with Section 42(2) Mandatory Requirement. Secret Information Not Reduced to Writing and Sent to Superior Officer, Vitiated Trial....
The appellant, Bhola Vijayprasad Gupta, was convicted by the Additional Sessions Judge, Washim, on 27.01.2006 in Sessions Trial 4/2003 for offences under Section 20(b)(ii) and Section 27(b) of the Nar...
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High Court
Bombay High Court Upholds Life Conviction for Murder Based on Ocular Evidence and Motive — Knife Attack on Deceased in Front of Witnesses Proved Beyond Reasonable Doubt....
The appellant, Kishor Shamrao Bhoyar, was convicted by the Additional Sessions Judge, Nagpur in Sessions Trial No.323 of 2014 for the murder of Amol under Section 302 of the Indian Penal Code and sent...
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High Court
Bombay High Court Allows Petitions Challenging Interpretation of Increment Withholding Order as Major Penalty. Withholding of increment without cumulative effect is a minor penalty, not a major penalty....
The petitioners, Dr. Nilkanth Dhyanoba Jogdande and Dr. Eknath Rambhau Patil, retired employees of Dr. Panjabrao Deshmukh Krishi Vidyapeeth, Akola, challenged the interpretation of an order dated 1.11...
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High Court
Bombay High Court Dismisses Writ Petitions Challenging Mutation Entry in Land Revenue Records — Held That Mutation Entry Does Not Confer Title and Civil Suit Is Appropriate Remedy. The court ruled that revenue authorities cannot decide title disputes and writ jurisdiction under Article 226 is not maintainable for such matters....
The petitioners, Mr. Ashok Bansidhar Agarwal and M/s. Rajeshwar Land Developers Pvt. Ltd., filed two writ petitions under Article 226 of the Constitution of India before the Bombay High Court. They ch...
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High Court
Bombay High Court Allows Cooperative Housing Society's Petition Against Income Tax Department's Forcible Possession — Society Members Held to be Purchasers for Value Without Notice Under Section 269UE of Income Tax Act, 1961. The court quashed the order dated 21.10.1994 under Section 269UD and the communication dated 2.8.2017 threatening forcible possession, holding that the society members were bona fide purchasers for value without notice....
The petitioner, New White Rose CHS Ltd, a Cooperative Housing Society, filed a writ petition challenging an order dated 21.10.1994 passed by the Appropriate Authority under Section 269UD of the Income...
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