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High Court of Bombay Issues Suo Motu Directions to State to Ensure Proper Care for Mentally Deficient Children in Homes. State’s Failure to Implement Juvenile Justice Act Provisions Prompted Mandatory Directions for Streamlined Recognition, Management Committees, and Mental Health Care.

This suo motu Public Interest Litigation was initiated by the High Court of Judicature at Bombay on the basis of a newspaper report dated 24 August 20...

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High Court of Bombay Examines Challenge to Arbitral Award Directing Payment of Rs.9,28,188.45 with Interest. The petition under Section 34 of the Arbitration and Conciliation Act, 1996 arises from a member-client dispute over stock market transactions and margin shortfalls.

The petitioner filed an Arbitration Petition under Section 34 of the Arbitration and Conciliation Act, 1996 before the High Court of Judicature at Bom...

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Supreme Court Dismisses Appeal by Employer in Arbitration Award Dispute — Award Upheld as No Error of Law Apparent on Face. Arbitrator's Award Not Set Aside Despite Limitation Defense Under Section 326 of U.P. Act 2 of 1916; No Legal Proposition Formed Basis of Award.

The dispute arose from a construction contract for pumping stations and reservoirs at Kanpur between the appellant, Kanpur Nagar Mahapalika (formerly ...

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Supreme Court Allows Revenue Appeals in Service Tax on Airport Development Fee Case. User Development Fee Collected by Airport Operators Under Statutory Authority is Not Subject to Service Tax Under Finance Act, 1994.

The Supreme Court considered appeals by the revenue against CESTAT orders that had held user development fee collected by airport operators not liable...

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Bombay High Court Allows Substitution of Assignee in Pending Arbitral Proceedings Under Section 15 of Arbitration Act. Assignment of debt includes right to continue arbitration; unilateral appointment of arbitrator by original lender does not invalidate substitution.

The applicant, Integro Finserv Private Limited, an NBFC, filed three applications under Section 14 read with Section 11 read with Section 15 of the Ar...

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Bombay High Court Dismisses Borrower's Challenge to DRAT Order in SARFAESI Act Possession Dispute — Possession Notice Valid but Sale Notice Invalid. Bank Permitted to Proceed from Stage of Rule 8(5) of Security Interest (Enforcement) Rules, 2002.

The petitioners, M/s. Clarity Gold Pvt. Ltd. (borrower) and Mrs. Ganga Devi Gupta (guarantor and mortgagor), challenged an order of the Debts Recovery...

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Bombay High Court Recalls Sanction of Demerger Scheme Due to Non-Compliance with Stamp Duty Condition. The court held that failure to pay stamp duty on the order within the prescribed period renders the order liable to be recalled under inherent powers.

The applicants, Unique Delta Force Security Private Ltd. (Resulting Company) and Sumeet Facilities Pvt. Ltd. (Demerged Company), filed applications se...

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Bombay High Court Dismisses Petition Challenging Refusal of Interim Relief in Eviction Suit Under Maharashtra Rent Control Act. Licensee Cannot Claim Protection of Rent Control Legislation After Termination of License.

The petitioners, Skygourmet Catering Private Limited and WAH Restaurants Private Limited (formerly Mars Restaurants Private Limited), filed a writ pet...