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Bombay High Court Dismisses Notice of Motion in Suit for Specific Performance — Plaintiffs Fail to Establish Prima Facie Case for Injunction Against Developer. Agreement for Sale Not Concluded as Essential Terms Remained Unsettled, No Enforceable Contract Under Specific Relief Act, 1963.

The plaintiffs, a group of 52 individuals, filed a suit for specific performance of an alleged agreement for sale of flats in a building to be constru...

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Bombay High Court Allows Writ Petition Challenging Discriminatory Age of Superannuation for Taluka Health Officers. Differential treatment between Taluka Health Officers and District Health Officers/Civil Surgeons regarding retirement age violates Articles 14 and 16 of the Constitution.

The petitioners, seven Taluka Health Officers employed in the Public Health Department of the Government of Maharashtra, challenged the Government Res...

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Supreme Court Dismisses Appeal Against Arbitral Award Upholding Forfeiture of Security Deposit and Detention of Equipment in Contract Dispute. Termination of Contract for Poor Performance and Failure to Transport Export Container Held Justified Under Arbitration and Conciliation Act, 1996.

The appeal arose from a dispute between M/s Vijay Trading and Transport Company (appellant) and Central Warehousing Corporation (respondent) concernin...

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Bombay High Court Issues Suo Motu Directions on Detention of Overstaying Foreign Nationals in Goa. The Court directed the State to consider establishing detention centres for overstaying foreign nationals and upheld the validity of FIR against a Nigerian national for overstay under the Foreigners Act, 1946.

The Bombay High Court at Goa, in a suo motu writ petition, addressed the issue of overstaying foreign nationals in the State of Goa. The matter origin...

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Bombay High Court Issues Guidelines for Detention of Overstaying Foreign Nationals in Suo Motu Writ Petition. Court directs State of Goa to establish detention centres and formulate standard operating procedures for handling foreign nationals who overstay their visas.

The Bombay High Court at Goa took suo motu cognizance of the issue of overstaying foreign nationals in the State of Goa, arising from a criminal writ ...

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Bombay High Court Allows Petition to Refer Dispute to Arbitration in Family Settlement Matter. Dispute regarding implementation of Escrow Agent directions under Indenture of Family Settlement held arbitrable under Sections 5 and 8 of Arbitration and Conciliation Act, 1996.

The petitioners, Basant Lall Shaw and Arbind Kumar Jayaswal, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging...

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Bombay High Court Allows Recovery Suit Against Customs for Wrongful Sale of Goods Held by Court Receiver. Plaintiff entitled to refund of purchase price paid to Court Receiver for goods that could not be delivered due to prior sale by Customs.

The suit was filed by M & H Enterprises Pvt. Ltd. (Plaintiff) against the Court Receiver, High Court, Bombay (Defendant No.1) and the Commissioner of ...