Search Results for "Contradictory Clauses"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Bombay High Court at Goa Dismisses Review Petition in Partition Suit Impleadment...
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Search Results for "Contradictory Clauses"

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Supreme Court

Supreme Court Allows Appeal of Complainant in Life Insurance Claim Repudiation Case — Insurer Failed to Prove Suppression of Material Facts. Non-disclosure of existing policies not established by documentary evidence; burden of proof under Section 45 Insurance Act, 1938 not discharged.

22 Apr 2024

The present civil appeal arises from the repudiation of life insurance claims by Future Generali India Life Insurance Company Limited. The appellant, ...

High Court

Bombay High Court Partially Allows Writ Petition Challenging AGRC Order Imposing Additional 5% Land Cost on Developer in Slum Rehabilitation Project. The court examined the validity of the direction to pay additional land cost due to change in developer under the Maharashtra Slum Areas Act and SRA office order.

15 Dec 2023

The petitioner, Gemini Developers, a sole proprietorship concern of Mr. Ramesh Malhotra (predecessor of the present petitioner represented by Mr. Deep...

High Court

High Court of Bombay Quashes Externment Order for Lack of Subjective Satisfaction and Non-Application of Mind — Petitioner Externed Under Section 56(1)(a) & (b) of Maharashtra Police Act, 1951 Based on Stale and Unrelated Crimes.

19 Jun 2023

The petitioner, Bhushan Pohokar, challenged the externment order dated 13.05.2022 passed by the Deputy Commissioner of Police, Zone-1, Amravati, under...

High Court

Bombay High Court Quashes Externment Order Under Maharashtra Police Act Due to Non-Application of Mind and Lack of Material. The court held that mere registration of old criminal cases without evidence of continuing criminal activity or witness intimidation does not justify externment under Section 56(1)(b) of the Maharashtra Police Act, 1951.

24 Jan 2023

The petitioner, Harikesh @ Guddu Madan Kattilwar, challenged an externment order dated 5th April 2022 passed by the Deputy Commissioner of Police, Amr...

High Court

Bombay High Court Upholds ESI Coverage for BCCI as 'Shop' Under ESI Act — Sports Body Engages in Systematic Commercial Activity. BCCI held to be a 'shop' under notification dated 18th September 1978 issued under Section 1(5) of the Employees' State Insurance Act, 1948, as it carries out systematic commercial activities including sale of tickets, broadcasting rights, and merchandise.

24 Jun 2022

The present appeal was filed by the Board of Control for Cricket in India (BCCI) against the judgment and order dated 9th September 2021 passed by the...

High Court

Bombay High Court Partially Sets Aside Arbitral Award in Dredging Contract Dispute — Interest Award Modified and Counterclaim Allowed. The court held that the arbitral tribunal's award of interest from the date of the award rather than from the date of the claim was contrary to Section 31(7)(a) of the Arbitration and Conciliation Act, 1996, and that the rejection of the employer's counterclaim for demobilization costs under Clause 73(1) was perverse.

15 May 2020

The judgment concerns two cross petitions under Section 34 of the Arbitration and Conciliation Act, 1996 challenging a majority arbitral award arising...

Supreme Court

Supreme Court Allows Appeal of Resolution Professional in IBC Moratorium Dispute. Section 14(1)(d) of Insolvency and Bankruptcy Code, 2016 prohibits owner from recovering property occupied by corporate debtor during moratorium, even under joint development agreement.

19 Feb 2020

The appeal arose from a dispute concerning the interpretation of Section 14(1)(d) of the Insolvency and Bankruptcy Code, 2016 (IBC). The appellant, Ra...

High Court

Bombay High Court Allows Compounding Application in Customs Act Offense Despite Pending Criminal Prosecution. Petitioner's Fundamental Rights Protected by Directing Expeditious Consideration of Compounding Application Under Section 137(3) of Customs Act, 1962.

27 Sep 2019

The petitioner, Imran Latif Shirgawkar, was arrested by the Directorate of Revenue Intelligence under Section 104 of the Customs Act, 1962, on allegat...

High Court

Bombay High Court Allows Appointment of Arbitrator in Procurement Dispute — Government Department Cannot Unilaterally Rescind Contract After L1 Bidder Declared. The court held that the existence of an arbitration clause in tender documents is sufficient for appointment of an arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996, leaving the issue of contract formation to the arbitrator.

10 Dec 2018

The applicant, Jaina Marketing & Associates, a partnership firm, filed an application under Section 11(6) of the Arbitration and Conciliation Act, 199...

High Court

Bombay High Court Quashes State Order on Solvent Licensing for Repugnancy with Central Order. Maharashtra Solvent Raffinate and Slop (Licensing) Order 2007 struck down as ultra vires the Essential Commodities Act, 1955 due to conflict with Central Order of 2000.

15 Dec 2015

The Petitioner, Indian Small Scale Paint Association Society, challenged the Maharashtra Solvent Raffinate and Slop (Licensing) Order 2007 as being re...

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