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Bombay High Court Dismisses Decree Holders' Execution Petitions in Rent Control Case — Payment of Balance Amount After Decree Renders Execution Infructuous. Conditional Decree for Possession Cannot Be Executed Once Arrears Are Paid Under Section 47 CPC.

The petitioners, decree holders, filed two writ petitions challenging a common order dated 28.4.2005 passed by the Executing Court in Special Executio...

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Bombay High Court Dismisses Petition Challenging Recovery Certificate in Unfair Labour Practice Case — Compromise Terms Binding on Liquidator. Recovery Certificate for Rs.4,44,216/- upheld as compromise was validly entered into and not challenged.

The Petitioner, Adarsh Janata Sahakari Bank Ltd. and its Liquidator, challenged an order dated 16 October 1998 passed by the Industrial Court, Mumbai,...

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Bombay High Court Allows Arbitration Petition Under Section 11(6) of Arbitration and Conciliation Act, 1996 Despite Unstamped MOU. Stamp Objection Is for Arbitral Tribunal to Decide, Not a Bar to Appointment of Arbitrator.

The applicants, Nilesh Shantilal Tank and Praful Shantilal Tank, filed an arbitration petition under Section 11(6) of the Arbitration and Conciliation...

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Bombay High Court Dismisses Petition Seeking Permanency for Hospital Employee — Industrial Court's Finding of No Continuous Service Upheld. Employee Failed to Establish 240 Days of Work in 12 Months Under Section 5-B of MRTU & PULP Act, 1971.

The petitioner, Kumar Dashrath Kamble, filed a writ petition before the Bombay High Court challenging the judgment and order dated 3 May 2023 passed b...

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Bombay High Court Dismisses Notice of Motion in Suit for Specific Performance — Plaintiffs Fail to Establish Prima Facie Case for Injunction Against Developer. Agreement for Sale Not Concluded as Essential Terms Remained Unsettled, No Enforceable Contract Under Specific Relief Act, 1963.

The plaintiffs, a group of 52 individuals, filed a suit for specific performance of an alleged agreement for sale of flats in a building to be constru...

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Bombay High Court Allows Writ Petition Challenging GST Assessment Order for Violation of Natural Justice. Show Cause Notice and Assessment Order Found to Be Identical, Indicating Non-Application of Mind by Adjudicating Authority.

The petitioner, a private limited company, challenged an assessment order dated 31 March 2023 passed under Section 73 of the Central Goods and Service...

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Bombay High Court Acquits Appellant in Corruption Case Due to Lack of Corroboration and Inconsistent Evidence. Demand and Acceptance of Bribe Not Proved Beyond Reasonable Doubt Under Sections 7 and 13(2) of Prevention of Corruption Act, 1988.

The appellant, Purushottam Vasant Joshi, was a Maintenance Supervisor in the Taluka Inspector of Land Records office at Miraj. He was convicted by the...