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COMMERCIAL ARBITRATION PETITION NO. 350 OF 2017

The case concerns two petitions filed under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral award dated 14 February ...

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Bombay High Court Considers Ad-Interim Injunction in Defamation Suit by Retired Official Against Cabinet Minister Over Social Media Posts. Court Examines Maintainability of Representative Suit and Prima Facie Defamation Claims Under Civil Procedure Code and Tort Law.

The dispute arose from alleged defamatory statements made by the defendant, a sitting cabinet minister and national spokesperson of the Nationalist Co...

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Supreme Court Allows Appeals in Urban Land Ceiling Case — Possession Not Validly Taken Under Section 10(6) of ULC Act, 1976. Act of Court Should Not Injure Suitor; Repeal of ULC Act in 2008 Vests Land in Appellant.

The appellant, M/S A.P. Electrical Equipment Corporation (now ECE Industries Limited), owned land in Fatehnagar Village, Rangareddy District, Telangan...

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Supreme Court Admits Contempt Appeal with Stay of Sentence and Rejects Recusal Request. Recusal cannot be demanded by litigant without just grounds; unfounded allegations of bias aimed at forum hunting are not countenanced.

The Supreme Court dealt with a criminal appeal under Section 19(1) of the Contempt of Courts Act, 1971, filed by Seema Sapra against the judgment of t...

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High Court of Bombay at Nagpur Dismisses Second Appeal in Property Dispute Involving Nominal Sale Deed and Bank's Securitization Proceedings. Civil Court's jurisdiction barred under Section 34 of SARFAESI Act, 2002 for challenging bank's attachment notice under Section 13(2).

The appellants, Smt. Savita Bhagwantrao Patil and Chaitanya Bhagwantrao Patil, were the original plaintiffs in a suit filed before the 6th Joint Civil...

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Bombay High Court Considers Challenge to Arbitral Award in High Seas Sales Dispute. Court Examines Whether Claim Based on Dishonoured Cheques Can Be Defeated by Ex Turpi Causa Defence Under Section 118 of the Negotiable Instruments Act, 1881.

The dispute arose from high seas sales of raw materials and pharmaceutical drugs. The Respondent, as vendor, had filed a summary suit for recovery of ...

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Bombay High Court Examines Arbitrability of Disputes Between Developer and Non-Signatory Member of Cooperative Society Under Development Agreement. Issue Involves Permissibility of Invoking Arbitration Clause Against Dissenting Member Not Party to Agreement.

The dispute arose from the redevelopment of a cooperative society's building in Mumbai. The applicant, a developer, entered into a Development Agreeme...

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Bombay High Court Quashes Dismissal of Teacher Due to Procedural Lapses in Departmental Enquiry under MEPS Act. Non-payment of subsistence allowance and failure to follow statutory enquiry procedure vitiated the termination, violating principles of natural justice under MEPS Rules, 1981.

The matter concerned a challenge by a secondary school teacher to his termination by the management of a private school. The teacher was appointed on ...