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Supreme Court Upholds Arbitrator's Award in Contract Dispute Over Final Bill Claims. Court Held That Arbitrator's Consideration of Vitiating Factors and Contract Clauses Was Permissible Under Arbitration and Conciliation Act, 1996, Despite Prohibition on Further Claims in Clauses 65 and 65A.

The dispute arose from a contract dated 02.07.2001 for repair works, with time extended to 19.01.2002. The respondent contractor submitted a final bil...

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Supreme Court Allows Appeal in Government Contract Dispute — Substantial Compliance with Section 80 CPC Sufficient. Notice under Section 80 CPC need not be pedantically scrutinized; substantial compliance with cause of action and relief indicated is adequate.

The present appeals relate to whether a notice under Section 80 of the Code of Civil Procedure (CPC) has been given to the State of Tamil Nadu in term...

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Supreme Court Holds NGOs Substantially Financed by Government Are Public Authorities Under RTI Act. Interpretation of Section 2(h) of Right to Information Act, 2005 clarified to include non-governmental organisations receiving substantial government funds.

The case involves appeals by D.A.V. College Trust and Management Society and other educational institutions against the Director of Public Instruction...

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Bombay High Court Quashes Reassessment Notices in Income Tax Case Due to Lack of Independent Application of Mind by AO. Dividend Stripping Provision Under Section 94(7) of Income Tax Act, 1961 Not Applicable Where Assessee Suffered Net Loss on Sale of Mutual Fund Units Exceeding Dividend Received.

The petitioner, Karan Maheshwari, an individual investor in shares, stocks, securities, and mutual funds, challenged a show cause notice dated 20 Augu...

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High Court of Bombay Upholds Compensation Award in Motor Accident Claim for Child Death — Negligence of ST Bus Driver Established. MSRTC held vicariously liable for death of 10-year-old student hit by bus at bus-stand; compensation of Rs.4,00,000 with 8% interest upheld under Motor Vehicles Act, 1988.

The case arises from a motor accident claim filed by the parents of a 10-year-old boy, Parikshit Bhosale, who died after being hit by a State Transpor...

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Bombay High Court Quashes ULC Act Demand for Excess Land Due to Repeal and Non-Completion of Proceedings. Demand for Rs 6,09,66,477 raised under Urban Land (Ceiling and Regulation) Act, 1976 set aside as proceedings were not finalized before the Act's repeal and the land was not vested in the State.

The petitioners, nine individuals, filed a writ petition challenging a demand of Rs 6,09,66,477 raised by the District Collector and Competent Authori...

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Bombay High Court Allows Petition of Zilla Parishad Member Challenging Election Disqualification on Age Grounds. School Register Entry Not Conclusive Proof of Age Under Section 16 of Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961.

The petitioner, Sou. Manisha Sanjay Waskar, was a member of the Zilla Parishad, Kolhapur, elected from Panchgaon constituency. Respondent No.1, Anil @...

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Bombay High Court Dismisses Suit Challenging Will of Deceased as Probate Granted by Dubai Court is Conclusive Under Section 41 of Indian Evidence Act. Mother's challenge to will fails as foreign probate is binding on Indian courts regarding validity and execution of will.

The plaintiff, Dr. Devika Damji Shah, mother of the deceased Dr. Mukesh Ramji Shah, filed a suit seeking a declaration that the will of the deceased d...

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Bombay High Court Dismisses Petition Challenging Rejection of Scheduled Tribe Claim for Mahadeo Koli Community. Petitioner's Degree Obtained Under Interim Order Held Not Entitled to Benefit if Claim Fails.

The petitioner, Yogesh Ramchandra Naikwadi, sought admission to the Engineering Degree course (B.E.) and challenged the order dated 29th March 1995 pa...