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Supreme Court Allows Appeals in Arbitration Appointment Dispute — Pre-Amendment Act Applies; No Claim Certificate Does Not Bar Arbitration; Mutually Agreed Procedure Must Be Respected

The Supreme Court heard a batch of appeals arising from orders of the Rajasthan High Court appointing independent arbitrators under Section 11(6) of t...

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Bombay High Court Dismisses Petition Challenging Appointment of Special Public Prosecutor in Sessions Case — No Bias Found. Professional acquaintance between prosecutor and victim does not disqualify appointment under Section 24 CrPC.

The petitioners, Shivaji Rajaram Take and Sharad Shivaji Take, are the original accused in Sessions Case No.12 of 2020 pending before the Additional S...

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Bombay High Court Dismisses PIL Challenging Building Construction in Cessed Building Area — No Violation of DCR Found. Petitioner failed to establish that the construction violated Development Control Regulations or that the building was a cessed building under MHADA.

The petitioner, Asif Abdul Sattar, filed a Public Interest Litigation before the Bombay High Court challenging the construction of a building by Respo...

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Bombay High Court Dismisses Society's Section 9 Petition for Possession and Injunction Against Developer in Redevelopment Dispute. Court Holds That Disputed Questions of Title and Possession Cannot Be Decided in Summary Proceedings Under Section 9 of the Arbitration and Conciliation Act, 1996.

The judgment concerns two competing petitions under Section 9 of the Arbitration and Conciliation Act, 1996, filed by Rajawadi Arunodaya Co-operative ...

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Bombay High Court Allows Appeal of Co-operative Housing Society in Minimum Wages Claim — Labour Court Application Under Section 33C(2) of Industrial Disputes Act, 1947 Not Maintainable as Society is Not a Commercial Establishment Under Bombay Shops and Establishment Act, 1948.

The appellant, Mahalaxmi Co-operative Housing Society Limited, challenged the judgment of a learned Single Judge in Writ Petition No. 6486 of 1995, wh...

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Bombay High Court Dismisses Second Appeals in Rent Control Cases, Upholds Appellate Court's Finding of No Tenancy. Landlord's Suit for Possession Fails as Tenant Proves Payment of Rent and Absence of Valid Termination Under Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

The appellant, Radhyesham Ramkaran Choube, filed four second appeals (Second Appeal Nos. 4, 8, 11, and 16 of 2002) against a common judgment dated 10....

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Bombay High Court Upholds School Tribunal Order Directing Promotion of Senior Teacher as Headmaster with Backwages. Seniority and Qualifications Determine Promotion, Not Caste Reservation in Absence of Applicable Rules.

The case involves two writ petitions filed by the Management (Abhinav Jnyan Mandir Society) and the promoted teacher (Prabhakar Bhausingh Chavan) agai...