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Bombay High Court Quashes Penalty Order in Cable Operator Entertainment Duty Case — Compounding Provision Misused as Adjudication Mechanism. Section 9A of Bombay Entertainments Duty Act, 1923 cannot be invoked for determining duty and penalty without a proper adjudication under Section 7.

The petitioner, Vimal Balbhim Nangane, was a cable operator in Mumbai Suburban District. The Collector issued a notice on 15 January 2004 alleging tha...

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Bombay High Court Dismisses Contractor's Suit for Specific Performance and Allows Society's Counterclaim for Damages in Construction Dispute. Agreement dated 13th March 1978 held valid but not specifically enforceable due to mutual breaches and failure to prove readiness and willingness.

The judgment concerns two cross-suits between M/s. Shanti Builders (a building contractor) and CIBA Industrial Workers' Co-op. Housing Society Ltd. (t...

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Bombay High Court Upholds Will in Testamentary Suit, Finds No Forgery or Undue Influence. Sister Propounds Will of Deceased Brother; Wife's Challenge Fails as Execution and Attestation Proved Under Indian Succession Act, 1925.

The judgment concerns two testamentary suits arising from the death of Mahendra Premchand Shah. The petitioner in Testamentary Suit No.127 of 2010, Ma...

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High Court Dismisses Petition Challenging Arbitral Award in Favor of Dealer in Termination Dispute. No Grounds for Interference Under Section 34 of Arbitration and Conciliation Act, 1996 as Arbitrator's Findings Were Plausible and Not Perverse.

The Petitioner, Hindustan Petroleum Corporation Ltd. (HPCL), a government oil company, filed a petition under Section 34 of the Arbitration and Concil...

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Bombay High Court Sets Aside Industrial Court's Interim Stay on Transfer Order for Lack of Reasons — Management's Transfer Power Upheld Subject to Fairness. Industrial Court Must Record Prima Facie Satisfaction Before Granting Interim Relief Under MRTU & PULP Act, 1971.

The petitioner, Larsen and Toubro Limited, challenged an interlocutory order dated 26 July 2012 passed by the Industrial Court, Mumbai, which stayed t...