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Bombay High Court Dismisses Revision by HPCL Against Rejection of Plaint Rejection Application in Suit for Declaration and Injunction. Lease Deed and Possession Do Not Bar Suit as Plaintiff Alleges Breach of Obligations by HPCL Regarding Change of Land Use and Construction of Petrol Pump.

The case involves a Civil Revision Application filed by Hindustan Petroleum Corporation Limited (HPCL) challenging an order passed by the 6th Joint Ci...

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High Court of Bombay at Goa Dismisses Wife's Revision Against Summons to Children in Domestic Violence Case. Summons Under Section 311 CrPC Held Valid as Children's Testimony Could Elucidate Truth in Proceedings Under Protection of Women from Domestic Violence Act, 2005.

The petitioner, the wife, filed an application under the Protection of Women from Domestic Violence Act, 2005 before the Judicial Magistrate First Cla...

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High Court of Bombay Considers Interim Motions in Suit by Foreign Trustees for Recovery of Assets Allegedly Concealed in India. The Court Examines Whether Plaintiffs Have Made Out Prima Facie Case for Disclosure and Deposit Orders Based on US Bankruptcy Court Findings.

The suit was filed by ITC Ltd., acting as trustees in bankruptcy of Suresh Chitalia, Devang Chitalia, EST Fibres Inc., and Lokman Establishment, to re...

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Supreme Court Allows Appeal in IBC Limitation Dispute — Application Under Section 7 Held Barred by Limitation. Acknowledgment of Debt in Balance Sheets Does Not Extend Limitation for Initiating CIRP Under IBC.

The Supreme Court allowed the appeal filed by Babulal Vardharji Gurjar, a director of Veer Gurjar Aluminium Industries Pvt. Ltd., against the order of...

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Bombay High Court Allows Arbitration Petition and Appoints Sole Arbitrator in Equipment Supply Dispute — Respondent's Failure to Appoint Arbitrator Justifies Court Intervention. Existence of Arbitration Clause Confirmed; Court's Role Limited to Section 11(6) of Arbitration and Conciliation Act, 1996.

The petitioner, Master Drilling India Private Limited, entered into an Equipment Supply Agreement dated 01.10.2021 with the respondent, Sarel Drill & ...

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Bombay High Court Addresses Section 11 Application for Appointment of Arbitrator; Validity of 20% Claim Cap Clause Under Scrutiny. The Court Examines Whether a Contractual Condition Limiting Arbitration to Claims Not Exceeding 20% of Contract Value Is Arbitrary and Discriminatory.

The dispute arose from a contract dated 7 May 2018 between a contractor and the Central Railways for the preparation of design and structural drawings...

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High Court Dismisses Petition by Apprentices Seeking Absorption as Regular Officers Under Apprentices Act, 1961. No Automatic Right to Absorption Exists Under Section 22(1) of the Act, and Employer Retains Discretion in Recruitment, with Writ Jurisdiction Limited to Policy Enforcement.

The petitioners, who were appointed as Graduate Apprentice Trainees by Hindustan Petroleum Corporation Ltd. (HPCL) in 2016-2017, filed a writ petition...

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High Court of Judicature at Bombay, Bench at Aurangabad Hears Writ Petition Challenging Rejection of Scheduled Tribe Claim Under 2000 Act. Court Considers Whether Father's Validity Certificate Can Be Relied Upon Without Fresh Vigilance Enquiry in Light of Supreme Court Precedent.

The writ petition arose from the rejection of the petitioner's claim of belonging to the Koli Mahadev Scheduled Tribe by the Scheduled Tribe Caste Cer...

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WRIT PETITION NO.739 OF 2021

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