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Bombay High Court Dismisses Petition to Restrain Encashment of Performance Bank Guarantee in Arbitration Dispute. Court holds that bank guarantee is an independent contract and injunction can only be granted in cases of fraud or irretrievable injustice, which were not established.

The petitioner, Karam Chand Thapar & Bros. (Coal Sales) Ltd., filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking ...

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Supreme Court Upholds Contempt Conviction for Breach of Undertaking in Loan Recovery Proceedings. Directors' Failure to Honour Court Undertaking Despite Multiple Opportunities Constitutes Wilful Contempt Under Contempt of Courts Act, 1971, Sections 10 and 12.

The Supreme Court considered a special leave petition challenging contempt convictions for breach of an undertaking given during loan recovery proceed...

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Bombay High Court Dismisses Second Appeal in Summary Suit for Recovery of Balance Consideration Under Agreement for Sale. Court holds that leave to defend cannot be granted on the basis of vague and unsubstantiated allegations of payment in cash, and that the defendant failed to raise a triable issue.

The appellant-defendant, Vikram Trimbak Pawar, entered into an Agreement for Sale dated 23 November 2016 with the respondent-plaintiff, Technocrat Con...

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High Court of Bombay Examines Validity of Computation of Excess Vacant Land under Urban Land (Ceiling and Regulation) Act, 1976 and Challenges to Vesting Orders. Petitioner Company Claims Non-Buildable Land and Earlier Surrendered Area Must Be Excluded While Computing Excess Vacant Land.

The petition under Article 226 of the Constitution of India challenged the settlement order dated 30 November 2004 under Section 8(4) of the Urban Lan...

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High Court of Karnataka Hears Writ Petitions Challenging Order of Senior Citizens Tribunal Involving Right to Residence and Eviction. Court Reserves Judgment on Petitions Filed by Senior Citizen Mother and Son/Daughter-in-law Under Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

The judgment involves two clubbed writ petitions filed under Articles 226 and 227 of the Constitution of India challenging an order dated 29.01.2020 p...

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Bombay High Court Dismisses Petitions Seeking Compassionate Appointment After Medical Retirement — No Legal Right to Appointment Under Industrial Disputes Act. Industrial Court's Finding of No Employer-Employee Relationship Upheld as Not Perverse.

The petitioners, Murlidhar Makdu Sapkale and his son Vijay Murlidhar Sapkale (WP No. 2786/2008), and Dinkar Popat Borale and his son Harshal Dinkar Bo...