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Bombay High Court Dismisses Petition for Reference to Arbitration in MOFA Suit Involving Non-Signatory Parties. Arbitration Clause Cannot Be Invoked When Suit Seeks Statutory Reliefs Against Developer and Municipal Corporation Under Maharashtra Ownership of Flat Act, 1963.

The petitioner, Shah & Mody Developers, was the defendant in a suit filed by the respondents (Alka Ketan Shah and others) in the City Civil Court, Din...

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Bombay High Court Allows Customs Appeal in Rig Import Valuation Case — Upholds Reassessment Based on Higher Transaction Value. Customs Duty Demand on 'Pride Pennsylvania' Rig Upheld as Invoice Value Not Sole Determinant Under Customs Act, 1962.

The Commissioner of Customs (Imports), Mumbai, appealed against the order of the Customs, Excise and Gold (Control) Appellate Tribunal (CEGAT) which h...

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Bombay High Court Dismisses Summary Judgment in Security Deposit Recovery Suit — Triable Issues Raised on Forfeiture Clause and Interest Claim. Leave and Licence Agreement's Clause 14(c) Permitting Forfeiture of Deposit for Overstay Creates Triable Issue, Precluding Summary Judgment Under Order 37 CPC.

The plaintiff, RMC Readymix (I) P.ltd, filed a summary suit under Order 37 of the Code of Civil Procedure, 1908, against the defendant, Kanayo Khubcha...

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Bombay High Court Quashes CIDCO's Cancellation of Lease for Entertainment Complex in Navi Mumbai. Unilateral Rescission of Agreement Without Notice or Opportunity of Hearing Violates Principles of Natural Justice.

The petitioners, M/s. Popcorn Entertainment and M/s. Platinum Entertainment, were allotted plots of land by the City and Industrial Development Corpor...

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Bombay High Court Acquits Accused in Murder Case Due to Inconsistent Evidence and Lack of Motive. Conviction under Section 302 IPC set aside as prosecution failed to prove guilt beyond reasonable doubt.

The case involves two criminal appeals filed by the appellants against their conviction under Section 302 of the Indian Penal Code, 1860 (IPC) for mur...

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Bombay High Court Dismisses Corporation's Challenge to Reinstatement of Employees in Industrial Dispute. Termination of Employees Without Compliance with Section 25F of Industrial Disputes Act, 1947 Held Illegal and Reinstatement with Back Wages Upheld.

This batch of writ petitions arises from a common dispute between the Maharashtra State Handloom Corporation (the Corporation) and its employees. The ...

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Bombay High Court Dismisses Appeal by YES Bank in Shareholder Dispute Over Board Control and Share Transfer. Court upholds interim order restraining transfer of shares and appointment of directors pending final disposal of suit.

The present appeal arises from an interim order passed by a learned Single Judge of the Bombay High Court in a suit filed by the respondents (original...

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Bombay High Court Dismisses Petition Seeking Refund of Court Fees in Suit Settled Through Mediation Under Section 89 CPC. Court Holds That Section 16 of the Court Fees Act, 1870 Does Not Mandate Refund Upon Settlement Through Alternative Dispute Resolution.

The petitioner, Sanjeevkumar Harakchand Kankariya, entered into an agreement to sell immovable property with respondents No.3 and 4. When the agreemen...

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Bombay High Court Dismisses Petition Seeking Permanency for Hospital Employee — Industrial Court's Finding of No Continuous Service Upheld. Employee Failed to Establish 240 Days of Work in 12 Months Under Section 5-B of MRTU & PULP Act, 1971.

The petitioner, Kumar Dashrath Kamble, filed a writ petition before the Bombay High Court challenging the judgment and order dated 3 May 2023 passed b...