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Bombay High Court Quashes Additional Collector's Order in Land Mutation Dispute — Restoration of Petitioner's Name Directed. Mutation Entry No. 4288 set aside for being passed without jurisdiction and in violation of principles of natural justice under the Maharashtra Land Revenue Code, 1966.

The Petitioner, Tukaram Ganpat Mohare (since deceased, through legal heir Shivaji Tukaram Mohare), filed a writ petition under Article 226 of the Cons...

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Bombay High Court Upholds Levy of Fees on Transporters and Traders Under Essential Commodities Act for Maintenance of Public Distribution System. The court held that the levy under Section 3(3)(f) of the Essential Commodities Act, 1955 is a valid regulatory fee and not a tax.

The judgment involves multiple writ petitions and civil applications challenging the levy of fees on transporters and traders under the Maharashtra Es...

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Bombay High Court Sanctions Scheme of Amalgamation of Monarch Research and Brokerage Private Limited and Monarch Project and Finmarkets Limited with Networth Stock Broking Limited under Sections 391-394 of the Companies Act, 1956 — Objection by Gold Castle Realtor Dismissed as Not a Creditor or Member.

The judgment concerns two Company Scheme Petitions (CSP 575/2012 and CSP 576/2012) filed by Monarch Project and Finmarkets Limited (2nd Transferor Com...

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Bombay High Court Dismisses Review Petition in Arbitration Matter — No Provision for Review Under Arbitration and Conciliation Act, 1996. Review petition under Section 114 CPC held not maintainable against order under Sections 27(1) and 27(2) of the Act.

The review petitioner, National Insurance Company Limited, filed a review petition under Section 114 of the Code of Civil Procedure, 1908 seeking reca...

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Bombay High Court Dismisses Suit for Lack of Jurisdiction in Bank Guarantee Dispute — Exclusive Jurisdiction Clause in Contract Confers Jurisdiction on Chennai Courts. Plaintiff L&T's Suit Challenging Invocation of Performance Bank Guarantee Dismissed as Bombay High Court Has No Territorial Jurisdiction.

The plaintiff, Larsen & Toubro Limited (L&T), filed a suit in the Bombay High Court seeking a declaration that the invocation of a Performance Bank Gu...

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Bombay High Court Remands Disproportionate Punishment Case to Industrial Court for Fresh Determination of Quantum. Industrial Court's Power to Interfere with Punishment Under MRTU & PULP Act Upheld, but Remand Ordered for Proper Application of Proportionality Principle.

The Maharashtra State Road Transport Corporation (MSRTC) challenged the judgment of the Industrial Court, which had set aside the punishment of perman...

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Bombay High Court Allows Appeal in Summary Suit Case Due to Non-Service of Summons. Ex Parte Decree Set Aside as Trial Court Erred in Treating Application Under Order 37 Rule 4 CPC as Review.

The appellant, M/s. Shakti Bioscience Ltd., filed an appeal against an ex parte judgment and decree dated 04.11.2015 passed by the City Civil Court, M...

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Bombay High Court Allows Appointment of New Arbitrator After Previous Arbitrator Withdrew Due to Counsel's Derogatory Remarks. Emphasizes Need for Stringent Action Against Unprofessional Conduct in Arbitration Proceedings Under Section 11 of Arbitration and Conciliation Act, 1996.

The applicant, Hitech Plast Limited (formerly Clear Mipak Packaging Solutions Ltd.), initially filed Summary Suit No. 2492 of 2012 in the Bombay High ...