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Bombay High Court Dismisses Stay Application in Arbitration Matter — Consent Order Not Stayed as No Prima Facie Case Made Out. Court held that a consent order passed under Section 9 of the Arbitration and Conciliation Act, 1996 cannot be stayed unless fraud or lack of jurisdiction is shown.

The petitioner, Tata Capital Financial Services Limited, a non-banking finance company, had sanctioned an invoice discounting facility of Rs. 20,00,00...

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Bombay High Court Dismisses Petition Challenging Restriction of 3% Reservation for Physically Handicapped in PG Medical Admissions to Locomotory Disability Only. Visually Impaired Candidate Cannot Claim Reservation as Functional Requirements of Medical Course Justify Classification Under Article 14.

The petitioner, Dr. Syed Abdul Wahab Abdul Aziz, a visually impaired medical officer employed by the State of Maharashtra, challenged the norms restri...

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Bombay High Court Allows Writ Petitions of Cooperative Housing Society Challenging Orders of Cooperative Authorities. Bylaws of Society Held Binding Under Maharashtra Cooperative Societies Act, 1960.

The petitioner, Shantiniketan Cooperative Housing Society Ltd., a registered cooperative housing society under the Maharashtra Cooperative Societies A...

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Bombay High Court Dismisses Application to Set Aside Insolvency Notice in Debt Recovery Matter — Debt Recovery Tribunal's Decree Constitutes a Final Judgment Under Section 9(2) of Presidency-Towns Insolvency Act, 1909.

The judgment debtor, Deepak Cochhar and another, filed a notice of motion seeking to set aside Insolvency Notice No. N/72 of 2004 issued by the Insolv...

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Bombay High Court Allows Appeal Against Single Judge Order Setting Aside Administrative Permission for Milk Collection. Fraud Allegation Not Proven as Proposal Was Complete at Time of Application.

The appellant, Subhas Anna Kool, challenged the judgment and order dated 25-10-2005 of a learned single Judge of the Bombay High Court in Writ Petitio...

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Bombay High Court Acquits Accused in Immoral Trafficking Case Due to Unreliable Testimony. Conviction under Sections 373, 366A, 368, 323 IPC and Sections 3, 4 of PITA set aside as sole witness's testimony was inconsistent and uncorroborated.

The appellants, accused Nos. 2 and 3, were convicted by the Additional Sessions Judge, Greater Mumbai, in Sessions Case No.865 of 2002 for offences un...

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Bombay High Court Dismisses Arbitration Petition Against Housing Society and Flat Owners for Lack of Arbitrable Dispute. Dispute over alleged oral agreement for redevelopment of building not covered by arbitration clause in share certificate.

The petitioner, M/s Heritage Lifestyle & Developers Ltd., filed an arbitration petition under Section 11 of the Arbitration and Conciliation Act, 1996...

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Bombay High Court Dismisses Petition Challenging Allotment of Surplus Land Under Urban Land Ceiling Act. Petitioners' claim for housing scheme under Section 20 rejected as they failed to comply with statutory requirements and the land was already allotted to a trust.

The petitioners, legal representatives of original landowners, filed a writ petition under Article 226 of the Constitution of India challenging an ord...

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Bombay High Court Allows Petition Challenging Cooperative Society Bye-Law Amendment for Lack of Quorum and Procedural Irregularities. Amendment to Bye-Law 24(c) restricting voting rights to one member per family set aside as resolution passed without requisite quorum and without proper notice.

The petitioners, Uday Dalal, Ajay Biyani, Rina Pritish Nandy, and Prachi Agarwal, are members of the Malboro House Coop. Housing Society Limited, a co...