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Bombay High Court Allows Section 9 and 11 Petitions in License Termination Dispute with Airports Authority of India. Disputes Over Termination of License to Occupy Airport Premises Held Arbitrable Despite Public Premises Act.

The Bombay High Court dealt with three connected proceedings: two petitions under Section 9 of the Arbitration and Conciliation Act, 1996, and one app...

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Gujarat High Court Dismisses State's Appeal in Contract Damages Case — Failure to Prove Breach and Loss. Trial court's finding that plaintiff failed to establish defendant's breach and quantum of damages under Section 96 CPC upheld.

The State of Gujarat and another (appellants) filed a suit for recovery of damages against the contractor Anil J. Jhatakia (respondent) for alleged br...

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Supreme Court Allows Bank of Baroda's Appeal Against High Court Order Quashing Termination of Probationary Employee. Unsatisfactory Performance and Misconduct During Probation Justify Termination Without Stigma.

The present appeal arises from a judgment of the Calcutta High Court which allowed the writ petition of the respondent-employee and quashed his termin...

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High Court of Karnataka Allows Canara Bank's Appeal Against Refund Order in SARFAESI Auction Dispute — Bank Not Obliged to Refund 25% Deposit When Auction Purchaser Defaults on Balance Payment.

The appellant, Canara Bank, conducted an e-auction on 29 November 2021 of a property under the Securitisation and Reconstruction of Financial Assets a...

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Bombay High Court Dismisses Habeas Corpus Petition by Father for Custody of Minor Child in International Parental Abduction Case. Court holds that habeas corpus is not maintainable when custody is with lawful guardian and child's welfare requires stability.

The petitioner, Khaled Kamal Hussein Mohamed Kassem, an Egyptian national, filed a habeas corpus petition seeking the production and custody of his mi...

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Bombay High Court Partially Allows MTNL's Challenge to Arbitral Award in False Ceiling Contract Dispute. Court Upholds Award on Certain Claims but Sets Aside Award on Claim for Price Escalation Due to Lack of Evidence and Contrary to Contract Terms.

The petitioner, Mahanagar Telephone Nigam Ltd. (MTNL), challenged an arbitral award dated 29 March 2011 under Section 34 of the Arbitration and Concil...

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Bombay High Court Allows Auction Purchaser's Petition Against Octroi Demand on Customs-Auctioned Goods. The court held that octroi liability on goods already stored in a warehouse and auctioned by Customs falls on the municipal corporation, not the purchaser.

The petitioner, M/s. DK Enterprises, was the successful bidder in a public auction conducted by the Commissioner of Customs, Mumbai, on 24 October 200...