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Bombay High Court Sets Aside Arbitral Award for Non-Consideration of Counter Claim in NSEIL Dispute. Failure to consider counter claim amounts to legal misconduct and violation of natural justice under Section 34 of the Arbitration and Conciliation Act, 1996.

The petitioner, Rajendra A. Shah (H.U.F.), a constituent, challenged an arbitral award dated 17th February 2009 passed by the Arbitral Tribunal consti...

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Bombay High Court Dismisses Election Petition Challenging BJP Candidate's Victory in Dahisar Assembly Constituency. Allegations of Corrupt Practice Under Section 123(1) of Representation of the People Act, 1951 Fail as Petitioner Fails to Prove Bribery or Undue Influence.

The Petitioner, Vinod Ramchandra Ghosalkar, was the Shiv Sena candidate for the Dahisar Assembly Constituency in the 2014 Maharashtra Legislative Asse...

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Bombay High Court Dismisses Appeal in MOFA Agreement Dispute Due to Delay and Conduct — Termination of Agreement Upheld as Plaintiffs Failed to Seek Timely Interim Relief.

The appellants, Purnimakumari Dharmendra Jain and Dharmendra Khetalal Jain, filed a suit in the Bombay High Court seeking a declaration that an agreem...

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Bombay High Court Dismisses Petition to Quash Process in NI Act Case Against Sick Company's Managing Director. Court holds that declaration of a company as sick under SICA does not absolve its directors from criminal liability under Section 138 of the Negotiable Instruments Act, 1881.

The petitioner, Omesh Keshav Karnik, Managing Director of Phoenix Fine Chem Pvt. Ltd., a sick company, filed a Criminal Writ Petition before the Bomba...

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Bombay High Court Dismisses Petition Challenging Jurisdiction in Cheque Dishonour Case — Cheques Delivered at Chandrapur Confer Territorial Jurisdiction Under Section 138 of Negotiable Instruments Act, 1881.

The petitioners, partners of M/s. Sarvadnya Tractors, Amravati, were accused in Criminal Case No.935 of 2009 pending before the Judicial Magistrate Fi...

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Bombay High Court Revokes Probate for Non-Service of Citation on Legal Heir in Testamentary Succession Case. Failure to serve citation on a cousin who is a legal heir under the Indian Succession Act, 1925 amounts to fraud on court, warranting revocation of probate.

The petitioner, Adil Phiroz Makhania, filed a Miscellaneous Petition seeking revocation of probate granted by the Bombay High Court in Testamentary Pe...

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Bombay High Court Dismisses Applications to Recall Consent Terms and Set Aside Consent Decrees in Property Disputes Between Family Members. Court Holds That Consent Terms Recorded by Counsel Are Binding on Parties and Cannot Be Challenged on Grounds of Fraud Without Proper Pleadings and Evidence.

The judgment pertains to two Notice of Motions filed by the defendants in two separate suits seeking recall and setting aside of consent terms and con...