Search Results for "interlocutory"

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Bombay High Court Dismisses Appeal Against Refusal to Restrain Bank Guarantee Invocation in Contract Dispute. No Fraud or Special Equities Established to Prevent ONGC from Encashing Bank Guarantees Furnished by Mercator Oil & Gas.

The appellant, Mercator Oil & Gas Limited, had entered into a contract with the first respondent, Oil & Natural Gas Corporation Limited (ONGC), for th...

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Bombay High Court Dismisses Petition Challenging Trial Court's Refusal to Allow Additional Documents in Eviction Suit — No Error in Exercise of Discretion Under Order 13 Rule 1 CPC.

The petitioners, as plaintiffs in a suit for eviction, sued two defendants. The second defendant, during his cross-examination, applied to produce cer...

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High Court of Bombay Upholds Labour Court Award in Favor of Workman in MSRTC Dismissal Case — 25% Back Wages Granted for Procedural Violation. Dismissal Quashed as Enquiry Officer Was Not Appointed by Competent Authority Under Section 6(6) of Industrial Disputes Act, 1947.

The petitioner, the Divisional Controller of Maharashtra State Road Transport Corporation (MSRTC), challenged the judgment and award dated 4.8.2018 of...

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Bombay High Court Allows Appeal Under Section 37 of Arbitration Act, Restores Arbitral Award in Land Sale Dispute. Court Holds That Section 34 Petition Cannot Be Used to Reappreciate Evidence and That Award Was Not Perverse.

The case involves an arbitration appeal under Section 37 of the Arbitration and Conciliation Act, 1996, challenging the judgment of the Principal Dist...

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Bombay High Court Allows Writ Petition Challenging Impleadment of Purchasers in Specific Performance Appeal — Purchasers Claiming Through Plaintiff Are Not Necessary Parties Under Order 1 Rule 10 CPC. Doctrine of Lis Pendens Protects Their Interests Without Impleadment.

The petitioner, Smt. Sonabai Sahebrao Pathrud, filed a suit for perpetual injunction against respondent no.1, Bhausaheb Ganpati Gaikwad, on 14 Februar...

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Bombay High Court Allows Petition by Society Members Against Unauthorized Construction and Demolition by Developer. Members have locus standi to challenge illegal construction; administrator must act lawfully.

The petitioners, who are members of the Linking Road Housing Society Limited, filed a writ petition challenging the unauthorized construction and demo...

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Bombay High Court Dismisses Arbitration Application in Development Agreement Dispute Due to Novation Extinguishing Arbitration Clause. Deed of Novation Substituted Original Agreement Without Arbitration Clause, No Prima Facie Arbitration Agreement Exists Between Applicant and Respondents.

The applicant, M/s. Mukesh Patel and Ors., filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of...