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Bombay High Court Upholds Setting Aside of Arbitral Award for Being Beyond Stipulated Time — Arbitration Clause Mandates Award Within Four Months of Entering Reference, Failure Renders Award Void.

The appeal arose from an order of a learned single Judge of the Bombay High Court setting aside an arbitral award dated 17th August 2006 on the ground...

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Bombay High Court Allows Arbitration Petition in Commercial Dispute — Appointment of Arbitrator Directed. Court holds that existence of arbitration clause and failure of respondent to appoint arbitrator entitles petitioner to seek appointment under Section 11 of the Arbitration and Conciliation Act, 1996.

The petitioner, Carol Info Services Ltd., filed a Commercial Arbitration Petition under Section 11 of the Arbitration and Conciliation Act, 1996, seek...

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Bombay High Court Upholds Disqualification of Councillors Under Maharashtra Municipal Corporations Act for Defection — No-Confidence Motion Against Mayor Not a 'Split' Under Tenth Schedule Analogous Provisions.

The judgment concerns two writ petitions filed by councillors of the Akola Municipal Corporation challenging their disqualification by the Divisional ...

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High Court of Karnataka Quashes Discharge of Civil Judge in Absorption Case — Violation of Natural Justice. Petitioner's discharge from service without notice or inquiry held illegal as she was absorbed under Absorption Rules, not a fresh appointee, and had rendered over seven years of service.

The petitioner, Haleema, was initially appointed as a Civil Judge (Jr.Dn.) on probation on 02.07.1999 and joined on 26.07.1999. She was later relieved...

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Bombay High Court Dismisses Appeal Against Grant of Probate — Secondary Evidence of Will Held Admissible Despite Non-Production of Original. Attestation Proved Through Scribe's Son and Attesting Witness's Daughter; Delay and Exclusion of Heirs Not Suspicious.

The present appeal was filed under Section 96 read with Order 41 of the Code of Civil Procedure, 1908 by the original Opponents against the judgment d...

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Supreme Court Allows Appeal of Ramakrishna Mission Against High Court's Finding of Amenability to Writ Jurisdiction. Service Dispute Held Purely Contractual, Not Involving Public Duty.

The Supreme Court allowed the appeal filed by Ramakrishna Mission and its hospital against the judgment of the Gauhati High Court, which had held that...

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Bombay High Court Dismisses Petitions Challenging Executing Court's Refusal to Stay Execution in Mundkar Rights Claim. Court holds that mere filing of a declaration suit before Mamlatdar does not create a right to stay execution proceedings under Order XXI Rule 97, 99, 101 CPC.

The petitioners, Lawrance Pereira and Juliana Pereira, filed Writ Petition No. 611 of 2023 challenging the order dated 06.09.2023 passed by the Execut...

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Bombay High Court Dismisses Section 9 Petition by Debenture Trustee Seeking Deposit and Injunction — No Prima Facie Case for Interim Relief as Trustee Failed to Establish Breach of Trust or Impairment of Security Under Trust Deed and Information Memorandum.

The petitioner, IDBI Trusteeship Services Limited, filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking interim rel...