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Bombay High Court Partially Allows Challenge to Arbitral Award in Insurance Dispute — Floater Policy Interpretation Upheld. Court remits issue of loss assessment for reconsideration under Section 34 of Arbitration and Conciliation Act, 1996.

The petitioner, M/s. Boghara Polyfab Private Limited, had obtained a Fire and Special Perils Policy from the respondent, National Insurance Company Li...

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Bombay High Court Quashes FIR and Orders Compensation for Unauthorized Sealing of Cable Network Control Room — Police Action Without Statutory Authority Violates Fundamental Rights Under Article 19(1)(g) of Constitution of India.

The petitioners, a partnership firm running a cable television network under the name U.S.A. Cable Networks and its members, filed a writ petition und...

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Bombay High Court Dismisses Borrower's Challenge to DRAT Order in SARFAESI Act Possession Dispute — Possession Notice Valid but Sale Notice Invalid. Bank Permitted to Proceed from Stage of Rule 8(5) of Security Interest (Enforcement) Rules, 2002.

The petitioners, M/s. Clarity Gold Pvt. Ltd. (borrower) and Mrs. Ganga Devi Gupta (guarantor and mortgagor), challenged an order of the Debts Recovery...

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Bombay High Court Allows Rejection of Plaint in Trust Dispute for Non-Compliance with Section 50 of Bombay Public Trust Act, 1950. Suit by devotees challenging removal of deity held barred without Charity Commissioner's consent.

The case involves a Notice of Motion filed by defendant trustees (defendant Nos. 1, 3, 4, and 5) in a suit seeking rejection of the plaint under Order...

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Bombay High Court Allows Complainant's Appeal in Cheque Dishonour Case — Managing Director's Authority to File Complaint Upheld. Resolution Authorizing Managing Director to 'Depose and Conduct Proceedings' Held Sufficient to File Complaint Under Section 138 of the Negotiable Instruments Act, 1881.

The appellant, M/s. Sri Balaji Agencies Pvt. Ltd., filed a criminal appeal against the judgment of the Sessions Judge, Panaji, dated 26-9-2008, which ...

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Bombay High Court Allows Appeal Against Order to Deposit Half of Asset Value in Inventory Proceedings — Jurisdictional Error by Trial Court in Directing Deposit Without Deciding Ownership Claim Under Article 1383 of Portuguese Civil Procedure Code

The appeal arises from an order dated 16th August 2008 passed by the IIIrd Additional Civil Judge, Senior Division, Margao, in Inventory Proceedings N...

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Bombay High Court Quashes Compromise Order in Municipal Council Service Dispute — President Exceeded Powers Under Maharashtra Municipalities Act. President's Compromise Without Council Resolution and Without Following Statutory Rules Is Invalid and Not Binding on the Council.

The petitioner, Municipal Council Karmala, challenged an order dated 27.3.1997 passed by the Industrial Court, Solapur, which disposed of a complaint ...