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Bombay High Court Allows Writ Petition by Resident Welfare Association Against Developer for Non-Payment of Adequate Compensation Under DCR 33(7). MHADA Directed to Determine and Enforce Compensation for Temporary Alternate Accommodation as Per Notarized Agreements.

The petitioner, Kagalwala Building Resident Welfare Association, representing residents of a building being redeveloped by respondent No.4 (Aaraaish D...

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Bombay High Court Dismisses Section 34 Petitions Challenging Arbitral Awards in Development Agreement Dispute. Court upholds arbitrator's findings on breach of contract and quantum of damages, rejecting grounds of patent illegality and public policy.

The petitioners, Pradyuman Kumar Sharma and Kuber Planters Limited, filed four arbitration petitions under Section 34 of the Arbitration and Conciliat...

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Bombay High Court Allows Application for Appointment of Arbitrator in Railway Contract Dispute. Arbitration Clause in Works Contract Enforced Under Section 11 of Arbitration and Conciliation Act, 1996.

The applicant, a registered government contractor, was awarded a contract by the respondent, the General Manager of South Central Railway, for extensi...

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Bombay High Court Dismisses Revision Against Conviction Under Section 138 N.I. Act — Presumption of Legally Enforceable Debt Not Rebutted. Accused Failed to Prove Cheques Were Issued as Security, Leading to Confirmation of Sentence of Simple Imprisonment and Compensation.

The applicant, Rekha Mahindra Shah, was convicted under Section 138 of the Negotiable Instruments Act, 1881 for dishonour of three cheques totaling Rs...

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Bombay High Court Allows Writ Petition Challenging Acceptance of Nomination in Cooperative Society Election. Candidate Must Be Member of Specified Society Under Section 73G of Maharashtra Cooperative Societies Act, 1960.

The petitioners, Vinod Krushnaraoji Wankhede and another, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging th...

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Bombay High Court Acquits Accused in Murder Case Due to Benefit of Juvenile Justice Act — Conviction under Section 302 IPC Set Aside as Accused Was 17 Years Old at Time of Offence and Entitled to Be Treated as Juvenile Under Juvenile Justice (Care and Protection of Children) Act, 2000.

The appellant, Vijay Ramchandra Diwar, was convicted under Section 302 of the Indian Penal Code, 1860, by the Additional Sessions Judge, Satara, in Se...

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Bombay High Court Allows Petition Challenging Cooperative Society's Bye-Law Amendment and Appointment of Administrator. Court holds that amendment to bye-laws requiring members to pay additional contribution for non-residential use is ultra vires the Maharashtra Cooperative Societies Act, 1960.

The petitioners, Balaji Tower Coop. Housing Society Ltd. and Parthasarathy Rangachari, filed a writ petition challenging the amendment to bye-law 28A ...

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Bombay High Court Allows Second Appeal in Railway Licence Plot Dispute — Courts Below Failed to Consider Admission Under Order VIII CPC. Refund of Rs.50,050 with 18% Interest Upheld as Railway's Admission of Receipt Not Denied.

The original plaintiff, Bhika s/o Antu Kale, a retired Railway servant, filed Regular Civil Suit No.996 of 1987 against the Railways for possession an...