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Bombay High Court Allows Society's Petition in Servant Quarters Eviction Dispute — Cooperative Court Has Jurisdiction Under Section 91 MCS Act. Dispute for recovery of possession of servant quarters from ex-employee held to be touching management of society, not business.

The Bombay High Court allowed a writ petition filed by a cooperative housing society challenging an order of the Cooperative Appellate Court which had...

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Bombay High Court Upholds Disallowance of Commission Paid to Directors Under Section 40(c)(iii) of Income Tax Act. Commission paid to directors, even if reasonable and lumpsum, constitutes remuneration subject to disallowance under Section 40(c)(iii).

The case involves an income tax reference under Section 256(1) of the Income Tax Act, 1961, by M/s. Nagpur Engineering Co. Pvt. Ltd. (the assessee) ag...

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Bombay High Court Dismisses Petition by Society Members Challenging Arbitral Award for Lack of Locus Standi. Non-signatories to arbitration agreement cannot challenge award under Section 34 of Arbitration and Conciliation Act, 1996.

The petitioners, who are members of Apsara Co-operative Housing Society Ltd., filed a petition under Section 34 of the Arbitration and Conciliation Ac...

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Bombay High Court Orders Return of Security in Admiralty Suit for Lack of Sister Ship Relationship. Security furnished for arbitration claim cannot be retained when the vessel arrested is not a sister ship of the vessel for which services were provided.

The plaintiff, Condor Maritime Dienstleistung GmbH & Co. KG, filed an admiralty suit against m.v. Western Light and its owners (defendants) claiming m...

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Bombay High Court Dismisses Application to Withdraw Consent for Arbitrator Appointment in Arbitration Dispute — Consent Once Given Cannot Be Unilaterally Withdrawn Under Section 11 of Arbitration and Conciliation Act, 1996.

The dispute arose out of a Memorandum of Understanding dated 23 October 2006 and an additional Memorandum of Understanding dated 27 March 2008 between...

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Bombay High Court Dismisses Appeal by Housing Society in Plot Allotment Dispute Under Section 91 of Maharashtra Co-operative Societies Act, 1960. Co-operative Court Has Jurisdiction Over Disputes Between Member and Society Touching Business of Society.

The appellant, Southern Nagpur Co-operative Housing Society Ltd., challenged the judgment of a learned Single Judge dismissing its writ petition again...

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Bombay High Court Allows Inclusion of Voter Name in Co-operative Society Election List Despite Procedural Irregularity in Resolution. Collector's Refusal to Include Petitioner's Name Quashed as Collector Cannot Go Behind Resolution of Society's Board.

The petitioner, Pundlik s/o. Chingalaba Kaje, filed a writ petition challenging the order of the Collector dated 28.6.2005 refusing to include his nam...

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Bombay High Court Dismisses Appeal by Workers Challenging Industrial Court Order Refusing Stay of Union Election. Held that the Industrial Court's order was not perverse and did not suffer from any jurisdictional error, and the writ court's supervisory jurisdiction did not warrant interference.

The case involves a Letters Patent Appeal filed by 25 workers (appellants) against an order of a Single Judge of the Bombay High Court dismissing thei...