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Bombay High Court Allows Section 34 Petition and Sets Aside Ex Parte Arbitral Award for Lack of Proper Notice. Arbitrator Directed to Give Fresh Notice to All Parties Before Proceeding.

The petitioners, Mrs. Prajakta Mahesh Joshi and Mr. Mahesh Shrikrishna Joshi, filed a petition under Section 34 of the Arbitration and Conciliation Ac...

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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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Bombay High Court Dismisses Second Appeals in Encroachment Suit, Upholds Concurrent Findings of Fact and Admissibility of Maps. Maps Exhibited Without Objection During Trial Held Admissible, and Suit Not Barred Under Maharashtra Slum Areas Act When Disputed Property Is Not Notified.

The respondent, a co-operative housing society, filed a suit against the appellants, claiming ownership of land admeasuring 11613 sq. mtrs. in Survey ...

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Bombay High Court Upholds Conviction of Appellant for Murder and Grievous Hurt in Domestic Violence Case — Life Imprisonment Confirmed. Circumstantial Evidence Including Last Seen and Medical Testimony Sufficient to Prove Guilt Under Sections 302 and 326 IPC.

The appellant, Babu Kunchankuch Vagalil, was convicted by the 11th Adhoc Additional Sessions Judge for Greater Mumbai at Sewree in Sessions Case No.10...

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Bombay High Court Dismisses Appeal Against Rejection of Status Quo in Property Dispute. Trial court's refusal to continue interim protection upheld as plaintiff trust failed to establish prima facie case for injunction.

The appellants, Shree Vardhaman Sthanakvasi Jain Shravak Sangh – Dadar, a trust, filed a suit against the Municipal Corporation of Greater Mumbai, i...

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Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Agreement to Sell Not Proved and Possession Not Delivered, Counterclaim for Possession Upheld.

The appellant-plaintiff filed a suit for specific performance of an agreement to sell dated 14.02.1986 in respect of field survey No.77/1 area 1.81 HR...

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Bombay High Court Allows ESIC Appeal for Interest and Damages in Contribution Recovery Case. Employer's Liability for Delayed Payment of ESI Contributions Attracts Statutory Interest and Damages Under Sections 39(5)(a) and 85-B of ESI Act, 1948.

The appellant, Employees' State Insurance Corporation (ESIC), filed an appeal under Section 82 of the Employees' State Insurance Act, 1948, challengin...

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Bombay High Court Examines Constitutional Validity of Food Safety and Standards Act, 2006 Upon Challenge by Trade Associations. Court Holds That Constitutional Challenge Cannot Be Abstract and Requires Factual Foundation of Adverse Action, But Proceeds to Hear Merits for Recurring Issues.

The Bombay High Court heard a batch of three writ petitions filed by trade associations—the Association of the Traders carrying the Food Business, M...

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Bombay High Court Allows Writ Petition Against CIDCO's Refusal to Grant NOC for Additional FSI for IT/ITES Development. Government Order dated 31st August 2009 enabling additional FSI for IT/ITES use is binding on CIDCO as a planning authority.

The petitioner, M/s. Shakti Commercial Premises Society Ltd., a cooperative society registered under the Maharashtra Coop. Societies Act, 1960, filed ...