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Bombay High Court Dismisses Petition Challenging Arbitral Award in Defence Transport Contract Dispute. Contractor Held Liable for Loss Despite Alleged Insistence by Respondent on Unsuitable Trailer.

The petitioner, Shiv Ganga Transport Private Limited, entered into a contract with the respondent, the President of India through the Commandant, Emba...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Development Agreement Dispute. Court upholds award of damages for delay in handing over possession and interest under Section 34 of Arbitration and Conciliation Act, 1996.

The petitioner, BASF India Ltd., entered into an agreement dated 5.3.2002 with the respondent, Landcom Properties Pvt. Ltd., under which the responden...

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Bombay High Court Allows Second Appeal in Divorce and Property Division Case Under Portuguese Civil Code — Sets Aside Ex-Parte Decree for Violation of Natural Justice. Failure to Serve Counterclaim and Proceed Ex-Parte Without Notice to Respondent Rendered the Trial Court's Decree Unsustainable.

The case arises from a matrimonial dispute between Sebastiao Paulo Fernandes (appellant/husband) and Filomena Fernandes (respondent/wife). The wife fi...

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Bombay High Court Dismisses Second Appeals Against Execution of Decree for Possession, Holding That Objectors Claiming Adverse Possession Must First Establish Their Own Independent Title. Order XXI Rule 97 CPC Objections Cannot Be Used to Re-litigate Title Already Decided Against the Judgment Debtor.

The present appeals arise from execution proceedings initiated by the decree holder (respondent No. 1) to enforce a decree for possession of land adme...

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Bombay High Court Dismisses Occupier's Challenge to Deposit Condition in Property Tax Appeal. Section 217(5) of Mumbai Municipal Corporation Act, 1888 Allows Appellate Court to Impose Deposit Condition Despite Section 209(3) Limitation on Occupier's Liability.

The petitioners, Dena Bank and its manager, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 26 March 2...