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Bombay High Court Dismisses Petition Challenging Arbitrator's Order on Non-Arbitrability. Disputes Relating to Termination for Convenience and Non-Compete Obligations Held Not Arbitrable Under Section 16 of Arbitration and Conciliation Act, 1996.

The petitioner, Capalpha Trade Private Limited, filed a commercial arbitration petition under Section 37 of the Arbitration and Conciliation Act, 1996...

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Bombay High Court Hears Arbitration Appeal Against Order Setting Aside Arbitral Award in Family Business Dispute. Dispute Centers on Inclusion of Agricultural Lands Held by Individual Family Members in Family Asset Separation Process.

The appeal arose from a family dispute within the Malhotra family of Pune, who owned and controlled several businesses including Weikfield Products Co...

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Supreme Court Dismisses Appeal Against Refusal to Sanction Variation of Town Planning Scheme. State Government's Refusal to Delete Internal Road Upheld as Valid Exercise of Discretion Under Section 91 of the Maharashtra Regional and Town Planning Act, 1966.

The appeal arose from a judgment of the Bombay High Court dismissing a writ petition filed by the appellant trust. The trust challenged an order dated...

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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 Dismisses Application to Set Aside Arrest of Vessel in Admiralty Suit for Bunker Supply Debt. Bunker Suppliers Have Maritime Lien Under Indian Law and Admiralty Court Has Jurisdiction to Arrest Vessel for Necessaries Supplied.

The plaintiff, Rushab Ship International LLC, filed an admiralty suit against the vessel M.V. African Eagle and others for recovery of USD 1,00,000 be...

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High Court Adjudicates Writ Petition Challenging Externment Under Karnataka Police Act, 1963. Issues of Natural Justice and Mandatory Subjective Satisfaction Under Section 55(b) Considered.

The High Court of Karnataka at Bengaluru adjudicated a writ petition under Articles 226 and 227 of the Constitution of India, challenging an externmen...

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Bombay High Court Allows Writ Petition Challenging Termination of Assistant Teacher on Grounds of Surplusage Under Rule 26 of MEPS Rules. Termination Held Illegal as Procedure Not Followed and Earlier Tribunal Order Binding.

The petitioner, Nitin Panjabrao Phalke, was appointed as an Assistant Teacher in a school run by respondent no.2 society with effect from 23.6.1992. H...

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Bombay High Court Quashes Competent Authority Order in MOFA Dispute — Failure to Provide Hearing Violates Natural Justice. Section 5A of MOFA Requires Notice and Opportunity of Hearing Before Directing Conveyance of Land to Society.

The petitioners, Mazda Construction Company, Maredia Enterprises, and Sultanabad CHS Ltd. (Proposed), challenged an order dated 11.04.2012 passed by t...

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Supreme Court Dismisses Petitions Seeking Return to Paper Ballots or 100% VVPAT Counting in Elections. Court Upholds EVMs with VVPAT as Sufficiently Transparent and Reliable, Rejects Allegations of Manipulation Without Evidence.

The Supreme Court dismissed a batch of writ petitions filed by the Association for Democratic Reforms and others seeking various directions regarding ...