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Bombay High Court Overrules Res Judicata Objection in Admiralty Limitation Suit; Prior Withdrawal of Application Before Chinese Court Does Not Bar Fresh Suit Under Code of Civil Procedure, 1908.

The dispute arose from a voyage of the vessel M.V. YURIY ARSHENEVSKIY, owned by Murmansk Shipping Company, a Russian entity, which was chartered to ca...

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Bombay High Court Dismisses Municipal Corporation's Petition in Property Tax Dispute with State Government. Government land leased to private contractor for toll bridge construction is exempt from municipal property tax under Section 127 of the Bombay Provincial Municipal Corporation Act, 1949.

The case involves a dispute between the Commissioner of Sangli Miraj Kupwad Cities Municipal Corporation (petitioner) and the Executive Engineer of th...

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Appellant's Appeal Partly Allowed: Trial Court's Denial of Specific Performance Restored. High Court and Appellate Court's Judgments Overturned Due to Plaintiff's Unexplained Delay and Lack of Evidence for Readiness and Willingness

The appellant, originally the defendant in the trial court, challenges the judgment dated 07.06.2011, which partially allowed his second appeal (S.A N...

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Supreme Court Dismisses Appeal in Specific Performance Suit — Plaintiff Failed to Prove Readiness and Willingness. Time was of the essence in the agreement for sale dated 25.04.2007, and the plaintiff did not demonstrate continuous readiness and willingness to perform his part of the contract.

The appeal arose from a suit for specific performance of an agreement for sale dated 25.04.2007 between the plaintiff (appellant) and the defendant (r...

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Bombay High Court Dismisses Writ Petition Challenging Arbitrator's Interim Order in Coal Transport Contract Dispute. Arbitrator's findings on committee report and weighment system held to be interim and not subject to writ jurisdiction under Articles 226 and 227 of Constitution of India.

The petitioner, M/s. Sanwal Coal Carriers, a proprietary concern, entered into a contract with Western Coalfields Limited (respondents) for driving pa...

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Bombay High Court Sets Aside Arbitral Interim Order Restraining Non-Compete Beyond Contract Term. Arbitrator erred in treating Joint Venture Company as partnership and enforcing non-compete clause beyond its stipulated duration under Section 17 of the Arbitration and Conciliation Act, 1996.

The Commercial Arbitration Petition No.25 of 2021 was filed by Elster Instromet B.V. (Instromet) challenging an order dated 09/10/2020 passed by the A...

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Bombay High Court Decides Writ Petition Challenging Disqualification of Sarpanch for Alleged Encroachment under Section 14(1)(j3) of Bombay Village Panchayats Act, 1958

The petitioner, Sau. Sandhya Hemant Salunke, was elected as a member of Walwadi Gram Panchayat in 2010 and subsequently as Sarpanch. Respondents 5 and...

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Bombay High Court Allows Second Appeal in Property Suit — Concurrent Findings Set Aside for Ignoring Compromise Decree. Plaintiff's Sale Deed Upheld as Valid Despite Prior Partition, as Compromise Decree Confirmed Shankar's Half Share and Right to Sell.

The appellant, Dagdu Rangnath Shingan, filed a second appeal challenging the concurrent findings of the trial court and first appellate court which di...