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Bombay High Court Addresses Readiness and Willingness Under Section 16(c) of Specific Relief Act, 1963 and Scope of Order XLI Rule 22 CPC in Second Appeal. Conditional Readiness to Perform Contract Held Not Sufficient; Respondent Cannot Challenge Adverse Finding Without Cross-Objection.

The case originated from a suit for specific performance of an agreement for sale dated 17 August 1973 concerning immovable property. The plaintiff, V...

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Bombay High Court Quashes Corrigendum Reducing Compensation under National Highways Act, 1956. Competent Authority Lacks Power to Review Award; Section 33 of Right to Fair Compensation Act Not Applicable Absent Notification Under Section 105(3).

This writ petition under Article 226 of the Constitution challenged a corrigendum issued by the Competent Authority under the National Highways Act, 1...

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Supreme Court Allows Appeal of Elected Candidate in Office of Profit Disqualification Case. Special Government Pleader Appointment Under Order 27 Rule 8B CPC Held Not an Office of Profit Under Article 191(1)(a) of Constitution, and Rajasthan Act 5 of 1969 Retrospectively Removed Disqualification.

This appeal arose from an election petition challenging the election of Kanta Kathuria to the Rajasthan Legislative Assembly from the Kolayat constitu...

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Supreme Court Upholds Corporation in Dismissal Case, Denying Reinstatement Despite Procedural Lapse. Employee Held Entitled Only to Damages as Contract of Personal Service Cannot Be Specifically Enforced; Breach of Regulation Did Not Violate Mandatory Statutory Obligation.

The case involved a dispute between an employee and his employer, a statutory corporation, regarding the employee's dismissal from service. The employ...

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WRIT PETITION NO. 10475 OF 2011

The case involved a partnership firm (Petitioner) engaged in manufacturing soft gelatin pharmaceutical products, and a US corporation (Respondent No.1...

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Bombay High Court Hears Challenge to Stamp Duty on Agreement to Lease, Examining Impact of Deletion of Explanation III to Article 36 of Bombay Stamp Act, 1958

These writ petitions were filed under Article 226 challenging orders of the stamp authorities demanding deficit stamp duty on agreements to lease exec...

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Bombay High Court Dismisses Appeal Under Section 37 of Arbitration Act Against Interim Order in IPL Franchise Dispute. Court finds no misrepresentation in bid process and upholds arbitrator's order granting interim measures while imposing conditions on franchisee to protect BCCI's interests.

Background: The dispute arose from the Indian Premier League (IPL) franchise agreement between the Board of Control for Cricket in India (BCCI) and Ja...