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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...

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Bombay High Court Dismisses Application for Condonation of Delay in Filing Caveat in Probate Proceedings — Delay of 140 Days Not Sufficiently Explained. Court Held That Awareness of Proceedings and Legal Advice Negated Claim of Ignorance, and Delay Was Not Condoned Under Section 5 of Limitation Act, 1963.

The judgment concerns a Chamber Summons filed by the applicants (caveators) seeking condonation of a 140-day delay in filing a caveat and affidavit in...

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Bombay High Court Dismisses Application to Set Aside Arrest of Foreign Vessel in Admiralty Suit — Plaintiffs' Claim for Supply of Bunkers and Stores Falls Within Admiralty Jurisdiction Under Section 4(1) of the Admiralty Act, 2017.

The plaintiffs, Universal Marine and Ramanand Padiyar, filed an admiralty suit against the vessel M.T. Hartati (a Singapore-flagged vessel) and its ma...

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Bombay High Court Quashes Compulsory Acquisition Order Under Income Tax Act for Non-Application of Mind. Appropriate Authority Failed to Consider Comparable Sales in Same Building, Rendering Order Under Section 269UD(1) Invalid.

The petitioners, owners of a flat in Mumbai, entered into an agreement to sell the flat for Rs. 19 lakhs and filed Form 37-I under Chapter XX-C of the...

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Bombay High Court Dismisses Appeal Against Decree Under Order VIII Rule 10 CPC for Failure to File Written Statement. Trial Court's Discretion to Pass Judgment Without Trial Upheld Where Defendants Neglected to File Written Statement Despite Multiple Opportunities.

The appeal arises from a judgment dated 12.7.2006 passed by the trial court decreeing the plaintiff's suit for Rs.16,43,200/- with future interest at ...

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Bombay High Court Makes Arbitration Award Rule of Court in Favour of Petitioner Despite Pending Supreme Court Appeal. No Stay of Execution Obtained by Respondent, Award Enforceable Under Section 17 of Arbitration Act, 1940.

The petitioner, Bharat Petroleum Corporation Ltd., filed an Arbitration Petition under Section 17 of the Arbitration Act, 1940, seeking to make an arb...

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Bombay High Court Upholds Industrial Court Order in Unfair Labour Practice Case — Employer Directed to Reinstate Employee with Back Wages. Abandonment of Service Claim Rejected as Employee Reported for Duty After Maternity Leave.

The present petition was filed by Finlay Mills challenging an order dated 4.12.2002 passed by the Industrial Court, Bombay in Complaint (ULP) No.169 o...

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Bombay High Court Dismisses Arbitration Petition Against Housing Society and Flat Owners for Lack of Arbitrable Dispute. Dispute over alleged oral agreement for redevelopment of building not covered by arbitration clause in share certificate.

The petitioner, M/s Heritage Lifestyle & Developers Ltd., filed an arbitration petition under Section 11 of the Arbitration and Conciliation Act, 1996...