Bombay High Court

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Bombay High Court Allows Appointment of Arbitrator in Infrastructure Facility Agreement Dispute — Disputes Referable to Arbitration Despite Allegations of Repudiation. The court held that issues of repudiation and limitation are for the arbitral tribunal to decide under Section 11 of the Arbitration and Conciliation Act, 1996....

The applicant, Priya Malay Sheth, filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of an arbitral tribunal to adjudicate disputes arising from a...

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Bombay High Court Allows Section 11 Applications for Appointment of Arbitrator in Partnership Disputes Involving Legal Heirs of Deceased Partner. The Court held that the arbitration clause in the partnership deed is binding on the legal representatives of the deceased partner, and the applicants being daughters and legal heirs are entitled to invoke arbitration....

The judgment concerns four applications filed under Section 11 of the Arbitration and Conciliation Act, 1996, by Priya Rishi Bhuta and another, who are the daughters and legal heirs of the deceased Am...

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Bombay High Court Dismisses Appeal Against Rejection of Temporary Injunction in Contract Dispute. Court holds that balance of convenience and prima facie case did not favor grant of injunction under Order 39 Rules 1 and 2 CPC....

The Appellant, Chitali Bottling Limited, filed a Special Civil Suit No.95 of 2020 before the 19th Joint Civil Judge, Senior Division, Pune, seeking a permanent injunction against the Respondents, Brih...

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Bombay High Court Dismisses Petition Challenging Labour Court's Preliminary Finding on Fairness of Domestic Enquiry in Service Dispute. Enquiry Not Vitiated by Alleged Victimization or Bias as Labour Court's Decision Was Based on Evidence and Not Perverse....

The petitioner, Shri Tanaji Shankar Anuse, was employed as a Junior Clerk by the respondent, Maharashtra Rajya Doodh Sahakari Mahasangh Maahanand Dudh Shala. He was initially appointed temporarily on ...

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Bombay High Court Allows Writ Petition in Sabka Vishwas Scheme Case — Petitioner Entitled to Interest on Delayed Refund Under Section 127 of Finance Act, 2019. The court held that the respondents' delay in refunding the amount under the scheme attracts interest liability....

The petitioner, Quant Broking Pvt Ltd, a stock broker and member of various stock exchanges, filed a declaration under the Sabka Vishwas (Legacy Dispute Resolution) Scheme 2019, introduced by the Gove...

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Bombay High Court Allows Workmen's Compensation Appeal Despite Prior Motor Accident Claim. Section 167 of Motor Vehicles Act Does Not Bar Claim Under Workmen's Compensation Act When Claimant Elects One Forum and Later Seeks Higher Compensation Under Different Act....

The appellant, Narayan Chokhoba Waghbhije, was a driver employed by respondent no.1, Sangita Gharat, who owned a truck insured with respondent no.2, The New India Assurance Company Ltd. On 13.04.1997,...

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Bombay High Court Allows Appeal Against Eviction Decree in Tenancy Transfer Dispute — Transfer of Tenancy by Housing Board Upheld as Valid. Appellant's Possession as Tenant Protected Under Transfer of Property Act, 1882 and Maharashtra Rent Control Act, 1999....

The appellant, Jahid Moharam Shaikh alias Zahid Moazzam Ali, was the defendant No.2 in Short Cause Suit No.2649 of 1992 before the City Civil Court, Mumbai. The suit was filed by the Bombay Housing an...

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Bombay High Court Allows Disqualified Members to Participate in Cooperative Society Election Pending Final Adjudication — Membership Disqualification Set Aside for Violation of Natural Justice...

The petitioners, residents of villages in Kolhapur district, claimed to be agriculturists and members of Respondent No. 4 cooperative society. They were disqualified from membership and their names we...

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Bombay High Court Dismisses Petitioner's Challenge to Rejection of Condonation of Delay in Filing First Appeal Against Exparte Decree. Delay of 30 months and 14 days not sufficiently explained; fraud allegation not substantiated....

The Petitioner, Shamrao Piraji Kadam, filed a Writ Petition challenging the Judgment and Order dated 20.07.2021 passed by the learned District Judge-6, Sangli in Misc. Civil Application No. 213 of 201...

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High Court of Bombay at Goa Hears Writ Petition by Dismissed Assistant Jailor Against Confirmation of Dismissal Penalty. Court Considered Proportionality and Parity Claims Under Article 226 of Constitution....

The matter arose from a writ petition under Article 226 of the Constitution of India filed by a dismissed Assistant Jailor against the order dated 04/04/2014 passed by the Chief Secretary and Appellat...