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COMMERCIAL ARBITRATION APPEAL NO.10 OF 2024

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Bombay High Court Quashes Penalty and Confiscation Orders in Sand Mining Cases for Violation of Natural Justice. Orders under Section 48(7) of Maharashtra Land Revenue Code, 1966 set aside for lack of hearing; matters remanded for fresh consideration.

The judgment involves two writ petitions challenging orders passed under Section 48(7) of the Maharashtra Land Revenue Code, 1966. In Writ Petition No...

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Supreme Court Dismisses Lessor's Appeal Against Dismissal of Counterclaim for Eviction and Rent in Lease Dispute — Presidency Small Cause Courts Act, 1882 Section 41 Bars Counterclaim in High Court Original Suit for Specific Performance.

The Supreme Court dismissed appeals by the legal representatives of Mahadev P. Kambekar (original defendant/lessor) against the judgment of the Bombay...

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Bombay High Court Allows Revision Against Order Returning Plaint in Property Dispute — Jurisdiction of Civil Court Barred Under Section 163 of Maharashtra Cooperative Societies Act, 1960. Dispute Relating to Property Owned by Cooperative Society Must Be Tried by Cooperative Court, Not Civil Court.

The case involves a civil revision application filed by Sanjivani Kailas Borade (applicant) challenging an order of the District Judge-1, Solapur, dat...

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Bombay High Court Dismisses Appeal by ONGC Against Upholding of Arbitral Award in Contract Dispute. Interpretation of Contract Terms and Findings of Fact by Arbitral Tribunal Not Open to Challenge Under Section 34 of Arbitration and Conciliation Act, 1996.

The case arises from a commercial arbitration appeal filed by Oil and Natural Gas Corporation Ltd. (ONGC) against the judgment of a Single Judge of th...

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KAHC030058312022_1

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Bombay High Court Dismisses Civil Revision Application in Trust Property Dispute — Upholds Trial Court's Refusal to Reopen Evidence. Applicant failed to demonstrate sufficient cause for recall of witness under Order 18 Rule 17 CPC, as the application was filed after a long delay and lacked bona fides.

The case involves a civil revision application filed by Sau. Sumita Pradeepkumar Dixit (original defendant No. 4) against the Gangadhar Makharia Chari...

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High Court of Karnataka Dismisses Writ Appeal in Trust Dispute — Upholds Single Judge's Order Dismissing Petitions for Lack of Proper Authorization. Trust Failed to Produce Resolution Authorizing Filing of Writ Petitions, Resulting in Dismissal.

The case involves a dispute over the management of Paschim Vibhag Shikshana Mandal, a trust registered under the Bombay Public Trust Act, 1950, and al...

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Bombay High Court Dismisses Appeal of Daily Wage Workers Seeking Reinstatement Under Kalelkar Award. Workers Held Not Covered by Award but Entitled to Retrenchment Compensation Under Chapter VA of Industrial Disputes Act, 1947.

The case involves an appeal under Clause 15 of the Letters Patent against a judgment of a learned Single Judge of the Bombay High Court dated 15.10.19...

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Bombay High Court Dismisses Petition Challenging Order Under Section 26 of Domestic Violence Act in Divorce Proceedings. Application Under Section 26 of DV Act Held Maintainable in Civil Suit for Divorce, and Appeal Under Section 29 Lies to Sessions Court Against Order of Civil Court.

The petitioner, Shri Narayan Babi Salgaonkar, a police constable, filed a Criminal Writ Petition before the Bombay High Court at Goa challenging an or...