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Bombay High Court Dismisses Appeal in Land Acquisition Dispute for Lack of Jurisdiction. Civil Court lacks jurisdiction to entertain suit challenging acquisition under Land Acquisition Act, 1894, as remedy lies before Reference Court under Section 18.

The appellants, owners of a property in Agonda, Goa, filed a suit seeking withdrawal from acquisition of their plots and compensation of Rs. 1,20,00,0...

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Bombay High Court Allows Appointment of Arbitrator in Partnership Dispute Despite Objections to Earlier Appointee. Court Holds That Arbitration Clause Survives Dissolution and Section 11(6) of Arbitration and Conciliation Act, 1996 Empowers Court to Appoint Arbitrator When Parties Fail to Agree.

The applicants, partners of a dissolved partnership firm, filed an application under Section 11(6) of the Arbitration and Conciliation Act, 1996 seeki...

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Bombay High Court at Goa Dismisses Appeal by State Against Enhanced Compensation in Land Acquisition Case. Reference Court's Enhancement from Rs.4 to Rs.28 per sq.m. Upheld Based on Comparable Sale Deeds and Prior Award Under Land Acquisition Act, 1894.

The case pertains to an appeal filed by the Deputy Collector and Executive Engineer against an Award dated 16th April 2005 passed by the Reference Cou...

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Bombay High Court Allows Revision Application and Discharges Accused in Bombay Money-Lenders Act Case — Single Loan Transaction Not Sufficient to Constitute Money-Lending Business Under Section 5 of Bombay Money-Lenders Act, 1946.

The petitioners, nine family members, filed a Criminal Revision Application under Section 397 read with Section 401 of the Code of Criminal Procedure,...

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Bombay High Court Orders Return of Security in Admiralty Suit for Lack of Sister Ship Relationship. Security furnished for arbitration claim cannot be retained when the vessel arrested is not a sister ship of the vessel for which services were provided.

The plaintiff, Condor Maritime Dienstleistung GmbH & Co. KG, filed an admiralty suit against m.v. Western Light and its owners (defendants) claiming m...

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High Court of Bombay at Goa Allows Appeal in Cheque Dishonour Case — Presumption Under Section 139 NI Act Not Rebutted. Trial Court Erred in Not Framing Proper Points of Determination and Ignoring Legal Presumption in Favour of Complainant.

The appellant, original complainant Sunil Thukral, filed a criminal appeal against the judgment and order dated 19/01/2011 of the Judicial Magistrate ...

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Bombay High Court Upholds Cooperative Court's Injunction Against Bank's Recovery Notice Despite SARFAESI Proceedings — Jurisdiction of Cooperative Court Not Ousted by SARFAESI Act for Disputes Under Section 91 of MCS Act.

The petitioner, M/s. Shewalkar Developers Ltd., a company incorporated under the Companies Act, 1956, was engaged in land development and construction...

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Bombay High Court Allows Writ Petitions of Expelled Members of Cooperative Housing Society. Expulsion orders quashed for violation of natural justice and non-compliance with Section 35 of Maharashtra Cooperative Societies Act, 1960.

The judgment concerns multiple writ petitions filed by members of the Sion Kamgar Cooperative Housing Society Ltd. (Respondent No.5) who were expelled...