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Bombay High Court Allows Section 11 Applications in International Commercial Arbitration — Habitual Residence Determined at Time of Agreement. Applicant Residing in UAE at Time of Agreement Held to be Habitually Resident Outside India Under Section 2(1)(f)(i) of Arbitration and Conciliation Act, 1996.

The judgment concerns three arbitration applications filed under Section 11 of the Arbitration and Conciliation Act, 1996, by Aslam Ismail Khan Deshmu...

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Bombay High Court Quashes Direction for Registration of Crime Against Investigating Officer in NDPS Case for Lack of Jurisdiction. Special Judge's Order to Initiate Criminal Action Against IO for Delay in Filing Charge Sheet Set Aside as Without Authority of Law and in Violation of Natural Justice.

The applicant, Ashish Devidas Morkhade, a Police Sub-Instructor, was the investigating officer in Crime No.318/2021 registered under Sections 20(b) an...

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Supreme Court Allows Appeal in Matrimonial Dispute Over Misappropriation of Stridhan. High Court's Reversal of Family Court's Findings on Custody and Misappropriation of Gold Jewellery Set Aside Due to Improper Reappreciation of Evidence.

The appeal arises from a matrimonial dispute where the appellant-wife claimed that her gold jewellery (89 sovereigns) and Rs. 2,00,000 given by her fa...

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Bombay High Court Allows Writ Petition by Mutual Fund Against Sales Tax Reassessment Orders — Holds Mutual Fund Not a Dealer Under MVAT Act, 2002. Reassessment Proceedings Initiated Beyond Limitation Period and Without Proper Sanction Are Invalid.

The petitioner, Axis Mutual Fund, filed a writ petition under Article 226 of the Constitution of India challenging several orders passed by the sales ...

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Supreme Court Dismisses Appeal Against Grant of Transmission Licence Without TBCB in HVDC Project. Section 63 of Electricity Act, 2003 is an alternative route; regulatory commission has discretion to adopt regulated tariff mechanism for transmission projects.

The case involves a challenge by Tata Power Company Limited Transmission (TPC-T) against the grant of a transmission licence by the Maharashtra Electr...

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Bombay High Court Dismisses Petition by Aakash Educational Services Limited Challenging Arbitral Award — Court Upholds Arbitral Tribunal's Findings on Factual Issues and Contract Interpretation Under Section 34 of the Arbitration and Conciliation Act, 1996.

The petitioner, Aakash Educational Services Limited, filed two writ petitions under Section 34 of the Arbitration and Conciliation Act, 1996 challengi...

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Bombay High Court Dismisses Writ Petition Challenging Disqualification of MLAs Under Tenth Schedule. Speaker's Order Upheld as Valid Exercise of Constitutional Authority Under Article 191(2) and Paragraph 2(1)(a) of Tenth Schedule.

The petitioner, Girish Chodankar, filed a writ petition under Article 226 of the Constitution challenging the order of the Speaker of the Goa Legislat...

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Bombay High Court Allows Petition Challenging Municipal Notice for Building Repairs Under Section 264 of Maharashtra Municipal Corporations Act, 1949. Court Holds That Notice Must Be Issued to the Owner of the Property and Not to a Person in Occupation Without Ownership Rights.

The petitioner, Niraj Krishnakumar Sharma, filed a writ petition before the Bombay High Court at Nagpur challenging a notice dated 16.11.2022 issued b...