Bombay High Court

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Bombay High Court Terminates Arbitrator's Mandate for Failure to Render Award and Excessive Fees — Substitute Arbitrator Appointed Under Sections 14 and 15 of the Arbitration and Conciliation Act, 1996. The Court held that failure to render award within reasonable time and demanding excessive fees constitute failure to act under Section 14(1)(a) of the Act....

The petitioner, Parekh Industries Limited, filed a petition under Sections 14 and 15 of the Arbitration and Conciliation Act, 1996, seeking termination of the mandate of the sole arbitrator appointed ...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Car Parking License Dispute. Clause 15 of License Agreement Permitted Change of Location Without Compensation, and No Evidence of Loss Was Found....

The petitioner, Garuda Aviation Services Pvt. Ltd., was granted a license by the Airport Authority of India (AAI) to operate a car parking facility at Pune Airport under a license agreement dated 03.0...

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High Court Sets Aside Suspension of Nominated Councillors in Municipal Corporation Case Due to Unwarranted State Intervention. State Government's Action Found to be Politically Motivated and Arbitrary, Violating Democratic Processes Under Section 451 of the Maharashtra Municipal Corporations Act, 1949....

The Bombay High Court considered four writ petitions challenging the State Government’s order dated 27 November 2018, by which the nomination of certain nominated Councillors of the Bhiwandi Niz...

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Bombay High Court Allows Writ Petition Against Society's Refusal to Grant Membership to Purchaser of Premises. Registered Sale Deed Holder Entitled to Membership Under Section 23(2) of Maharashtra Cooperative Societies Act, 1960 Despite Developer's Objection....

The petitioners, Apna Sahakari Bank Ltd. and its Deputy General Manager, filed a writ petition under Article 226 of the Constitution of India challenging an order dated 23 November 2009 passed by the ...

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High Court of Judicature at Bombay, Bench at Aurangabad Upholds Conviction Under Section 304A IPC for Rash and Negligent Driving Causing Death — Revision Dismissed. The court confirmed concurrent findings of guilt under Section 304A Indian Penal Code, 1860 for causing death by rash and negligent driving....

The applicant, Popat Bhaginath Kasar, was convicted by the trial court for offences including causing death by rash and negligent driving under Section 304A of the Indian Penal Code, 1860. He appealed...

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Bombay High Court Allows Appeal by Insurer in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence of Deceased. Held that where the deceased was driving a motorcycle without a valid driving license and contributed to the accident, the insurer is liable to pay compensation but is entitled to recover the same from the owner of the vehicle....

This appeal arises from a judgment and award of the Motor Accident Claims Tribunal in MACP No. 559 of 2007. The appellant, Smt. Kamal wd/o Daulatrao Deshmukh, was the original respondent No. 1 (owner ...

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High Court of Bombay Upholds Compensation Award in Motor Accident Claim — Negligence of Driver Proved, Insurance Company Liable to Pay. Deceased was a 42-year-old businessman earning Rs. 15,000 per month; Tribunal's assessment of income and multiplier upheld....

The appeal was filed by The New India Assurance Co. Ltd. against the judgment and award of the Motor Accident Claims Tribunal, Bhoom, in M.A.C.P. No.73/2014, whereby compensation of Rs. 28,66,595 was ...

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High Court of Bombay at Goa Dismisses Revenue's Appeal in Income Tax Case on Liquidated Damages Deduction. ITAT's deletion of disallowance of ₹6,96,00,000 as liquidated damages upheld as the expenditure was incurred in the relevant assessment year....

The case involves four tax appeals filed by the Principal Commissioner of Income Tax, Goa, under Section 260-A of the Income Tax Act, 1961, against a common order dated 5.9.2017 passed by the Income T...

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Bombay High Court Quashes Executing Court's Stay Order in Execution Proceedings — Judgment Debtor Cannot Secure Indirectly What Appellate Court Directly Declined. The Executing Court's reliance on Order XXI Rule 26 and Order XXI Rule 29 CPC was misplaced as the appellate court had already declined interim relief in the second appeal....

The petitioner, Sarjerao Krishnarao Kadam, was the decree-holder in a civil suit. The respondents, Uday Ramrao Thorat and others, were the judgment-debtors. The respondents had filed Second Appeal No....

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Bombay High Court Sets Aside Ex-Parte Order and Grants Leave to File Written Statement Subject to Costs — Petitioner's Delay Due to Lack of Proper Advice Considered Sufficient Ground for Indulgence...

The Petitioner, Ismail Usman Patel, challenged the order dated 25.04.2018 passed by the learned Trial Judge rejecting his application at Exhibit 11 seeking to set aside the ex-parte order dated 03.07....