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Supreme Court Allows Appeal in Specific Performance Case — Delay in Deposit of Balance Sale Consideration Condoned. The court held that the conditional decree was satisfied by deposit under court orders, and the judgment-debtor's right to rescind was lost as he did not seek rescission before deposit.

The appellant, filed a suit for specific performance of an agreement for sale of 3.75 acres of land dated 14.11.2011, wherein the respondent, agreed t...

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Bombay High Court Allows Petitions of Contractual Employees Against Municipal Corporation for Regularization and Equal Pay. Court Holds That Long-Term Contractual Workers Are Entitled to Consideration for Regularization Under Articles 14 and 16 of the Constitution.

The judgment involves multiple writ petitions filed by contractual employees of Pimpri Chinchwad Municipal Corporation seeking regularization of their...

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Bombay High Court Allows Appeal Against Rejection of Receiver Appointment in Partnership Dissolution Suit. Partnership at will dissolved by notice; court receiver appointed to protect assets pending final adjudication.

The appellant, original plaintiff, filed Civil Suit No. 887 of 1994 seeking a declaration that the partnership firm M/s. Athavale Dairy was dissolved ...

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High Court of Bombay Addresses Challenge to Arbitral Award Granting Damages in Electricity Supply Contract Dispute. Tribunal's Award of Damages for Installed Objects Questioned on Grounds of Fundamental Breach Limited to Uninstalled Units Under Section 34 of Arbitration and Conciliation Act, 1996.

The arbitration petition under Section 34 of the Arbitration and Conciliation Act, 1996 was filed by Maharashtra State Electricity Board (MSEB) and it...

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High Court of Bombay Examines Whether Civil Suit for Recovery Survives Approval of Resolution Plan Under Insolvency and Bankruptcy Code, 2016. The petition raises the question of the overriding effect of the IBC on pending civil proceedings.

The matter arose from a summary suit filed by respondent No.1, a proprietary concern, under Order XXXVII of the Code of Civil Procedure, 1908, for rec...

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Bombay High Court Dismisses Preliminary Objections in Writ Petition on Standing Committee Term Expiry under Bombay Provincial Municipal Corporations Act, 1949. Acquiescence Rejected on Ground that There is No Estoppel Against Law; Laches Not Applicable as Issue Raised Continuing Cause of Action.

The writ petition was filed by Prashant Prabhakar More, an elected Councilor of the Nashik Municipal Corporation, under Article 226 of the Constitutio...

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High Court Allows Impleadment of Liquidator in Pending Salary Recovery Suit -- Interprets IBC Provisions on Continuation of Proceedings Post-Liquidation -- Sets Aside Trial Court Order Dismissing Chamber Summons

The Petitioner, a former employee of Respondent No.1 company, had filed a Summary Suit in 2017 for recovery of salary dues -- After the company went i...

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Bombay High Court Quashes Consumer Commission Order and Bailable Warrants Against NBFC in Moratorium Period — Insolvency and Bankruptcy Code Moratorium Bars Continuation of Proceedings Under Consumer Protection Act, 2019.

The petitioner, SREI Equipment Finance Limited, a non-banking financial corporation, challenged an order dated 20.07.2022 passed by the District Consu...

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Bombay High Court Allows Assistant Professor's Challenge to Superannuation at Age 60, Holds AICTE Retirement Age of 65 Applicable to Private Self-Finance Standalone Institution. Goa Institute of Management's Faculty Manual Fixing Retirement Age at 60 is Overridden by AICTE Regulations.

The petitioner, Dr. Vilasini Devi Nair, was appointed as an Assistant Professor at the Goa Institute of Management (GIM), a private self-finance stand...