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Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Plaintiff Failed to Prove Readiness and Willingness. Agreement to Sell Not Proved as Genuine Due to Lack of Evidence of Execution.

The appellants, original plaintiffs, filed a suit for specific performance of an agreement to sell dated 15th June 1981, allegedly executed by the res...

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Bombay High Court Allows Additional Documents in Arbitration Petition Despite Delay, Subject to Costs — Charge-Sheet Filed Against Contractor Relevant to Dispute Under Section 34 of Arbitration and Conciliation Act, 1996.

The judgment concerns two notices of motion filed in pending commercial arbitration petitions under Section 34 of the Arbitration and Conciliation Act...

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Bombay High Court Dismisses Petition Seeking Transfer of Suit to Commercial Court Under Section 15(2) of Commercial Courts Act, 2015 — Suit for Specific Performance of Agreement to Sell Immovable Property Not a Commercial Dispute.

The petitioners, original defendants in a suit for specific performance of an agreement to sell immovable property, filed a writ petition challenging ...

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Bombay High Court Allows Amendment in Suit for Specific Performance After Trial Commenced — Amendment Sought After Cross-Examination of Plaintiff's Witness Held Not Barred by Proviso to Order VI Rule 17 CPC as Trial Had Not Concluded and Amendment Was Necessary for Determining Real Controversy

The petitioner, Walchandnagar Industries Limited, the original defendant No.1, challenged an order dated 28-11-2012 passed by the learned Civil Judge,...

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High Court of Bombay Dismisses Petition Challenging Arbitral Award in Contract Dispute — No Patent Illegality Found. The court upheld the award granting balance machinery price and interest, rejecting claims of breach for non-procurement of insurance under the Arbitration and Conciliation Act, 1996.

The petitioner, M/s. Neptune Marine Pvt. Ltd., challenged an arbitral award dated 18 August 2008 and a modified award dated 30 January 2012 under Sect...

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Bombay High Court Allows Second Appeal in Mundkar Property Dispute — Civil Court Lacks Jurisdiction Over Mundkar Status Under Section 31(2) of Goa Daman and Diu Mundkar (Protection from Eviction) Act, 1975. Mandatory Injunction for Demolition Set Aside as Suit Partly Barred by Limitation.

The case involves a Second Appeal filed by the defendants against the judgment and decree of the lower appellate court in a suit for demolition of str...

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Bombay High Court Dismisses Writ Petitions of Probationary Teachers Challenging Termination During Probation Period. Termination simpliciter during probation is not punitive and no notice or hearing is required under the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977.

The judgment involves four writ petitions filed by probationary teachers (Vinita Vinayak Parulekar, Shilpa Dinesh Parulekar, Shama Dattaram Vichare, a...