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Supreme Court Holds High Court Has Exclusive Jurisdiction Under Section 29A(4) of Arbitration Act for Extension of Time. The term 'Court' in Section 29A(4) is interpreted to mean the High Court, not the Civil Court, to ensure uniformity and avoid multiplicity of proceedings.

The case arose from a dispute between Jagdeep Chowgule (appellant) and Sheela Chowgule & Ors. (respondents) concerning the jurisdiction to entertain a...

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Bombay High Court Allows Refund of Premium Paid for FSI Exclusion in Town Planning Case — No Development Commenced, No Benefit Availed. The court held that retention of premium without providing any benefit amounts to unjust enrichment under the Maharashtra Regional and Town Planning Act, 1966.

The petitioners, Shri Prasad Pandurang Tapkir and Smt. Shakuntala Pandurang Tapkir, filed a writ petition challenging the order dated 15 February 2020...

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Bombay High Court Allows Appeal in Carriage of Goods by Sea Case — Sets Aside Ex-Parte Decree Due to Non-Service of Summons. Service of summons on agent of foreign principal held insufficient to bind the principal under Order 5 Rule 12 of CPC, 1908.

The appeal arises from a judgment and decree dated 18 October 2014 passed by the City Civil Court, Bombay in SC Suit No.7175 of 1997. The plaintiff, D...

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Supreme Court Convicts Contemnors for Scandalous Allegations Against Judges in Suo Motu Contempt Proceedings. The Court upheld its inherent power under Article 129 to punish for contempt, rejecting procedural objections under the Contempt of Courts Act, 1971.

The Supreme Court of India initiated suo motu contempt proceedings against Vijay Kurle, Rashid Khan Pathan, and Nilesh Ojha for sending letters contai...

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Bombay High Court Quashes Pre-deposit Condition in NI Act Appeal for Lack of Reasons. Section 148 NI Act Order Set Aside as Arbitrary, Directs Reconsideration Without Pre-deposit.

The petitioner, Nurallah Kamruddin Veljee, was convicted under Section 138 of the Negotiable Instruments Act, 1881 by the Trial Court and sentenced to...

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Supreme Court Dismisses Appeal in Seniority Dispute Over Catch-Up Rule for Reserved Category Promotions. Consequential Seniority for Scheduled Caste Promotee Upheld as Regular Promotion Not Fortuitous.

The case involves a seniority dispute between two officers of the Government of Maharashtra: Sudhakar Baburao Nangnure (appellant, open category) and ...

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Bombay High Court Upholds Conversion of Appeal into Revision in Criminal Case — Procedural Flexibility Permitted. No bar under CrPC to treat appeal as revision or vice versa, following Mahesh Kumar v. State (1978 Cr.L.J. 390).

The petitioner, Aires Rodrigues, was prosecuted by the State in C.C. No.85/2007/A under Sections 143, 448, 504, 506 read with 149 IPC. The learned Chi...

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High Court of Bombay at Goa Upholds Acquittal in Rash Driving Case — State Fails to Prove Guilt Beyond Reasonable Doubt. Accused's Version of Motorcycle Dashing Against Her Car Found Plausible, Benefit of Doubt Given.

The State appealed against the acquittal of the accused under Sections 279 and 337 IPC. The accident occurred on 5-2-2003 at Porvorim on the National ...