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National Consumer Disputes Redressal Commission Allows Execution Appeals Against Builder for Non-Compliance of Consent Order. Builder Failed to Deliver Possession and Pay Compensation as Per Settlement, Leading to Remand for Fresh Consideration.

The present appeals arise out of two execution applications filed by the complainants, Shivani Aggarwal and Sunita Jain, against the builder, Pranav A...

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Bombay High Court Allows Appeal in Motor Accident Claim — Sets Aside Ex-Parte Decree Due to Invalid Service of Summons. Service by affixture without prior attempt at personal service held invalid under Order V Rule 17 CPC, and ex-parte decree set aside under Order IX Rule 13 CPC.

The appellant, M/s Arjun Travels, a sole proprietorship concern, was the owner of a vehicle involved in a motor accident. The respondents, being the l...

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Bombay High Court Dismisses Revision Against Civil Court's Jurisdiction in Waqf Property Lease Dispute. Civil Court Not Barred from Entertaining Suit for Declaration of Lease Subsistence as Dispute Does Not Fall Under Waqf Tribunal's Exclusive Jurisdiction Under Section 85 of the Waqf Act, 1995.

The case involves a civil revision application filed by Sohail Azam, original defendant No.1, against an order of the Civil Judge, Senior Division, Bi...

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Bombay High Court Dismisses Claims for Damages Against Plaintiff for Wrongful Arrest of Cargo in Admiralty Suit — Undertaking Under Rule 941 of Bombay High Court (OS) Rules Not Enforceable After Suit Withdrawal Without Adjudication on Merits.

The Plaintiff, Navbharat International Ltd., filed an admiralty suit and obtained an ex-parte order dated 12th January 2010 for arrest of cargo on boa...

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Bombay High Court Dismisses Petition Challenging Recovery Certificate in Unfair Labour Practice Case — Compromise Terms Binding on Liquidator. Recovery Certificate for Rs.4,44,216/- upheld as compromise was validly entered into and not challenged.

The Petitioner, Adarsh Janata Sahakari Bank Ltd. and its Liquidator, challenged an order dated 16 October 1998 passed by the Industrial Court, Mumbai,...

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Bombay High Court Acquits Accused in Dowry Death Case Due to Lack of Evidence of Dowry Demand and Proximate Cause. Death by drowning not linked to dowry demand within seven years of marriage; conviction under Section 304B IPC set aside.

The case arises from the death of Shantabai, who was married to applicant no.1 Savaleram Bhaurao Waghadkar about four years prior to the incident. The...

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Bombay High Court Quashes NCW Proceedings Against KPMG in Service Dispute. National Commission for Women Lacks Jurisdiction Over Employment Grievances Under Section 10 of the National Commission for Women Act, 1990.

The petitioners, KPMG India Pvt. Ltd. and its Company Secretary Harsh Sagar Goyal, filed a writ petition seeking to quash proceedings initiated by the...