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Supreme Court

Supreme Court Allows Appeal in Arbitration Appointment Case — Withdrawal of Section 11 Petition Does Not Bar Fresh Application Under IBC. Order 23 Rule 1 CPC Not Applicable to Arbitration Petitions; Section 9 IBC and Section 11 Arbitration Act Seek Different Reliefs.

18 Nov 2024

The Supreme Court allowed the appeal filed by M/s HPCL Bio-Fuels Ltd. against the judgment of the Bombay High Court which had appointed a sole arbitra...

Supreme Court

Supreme Court Sets Aside Eviction Decree in Landlord-Tenant Dispute: Admission in Unconnected Case Not Clear, Unambiguous, or Unequivocal Under Order XII Rule 6 CPC. Court Holds That a Statement Made in Cross-Examination in Another Case, Where the Tenant Admitted Tenancy Was in His Mother's Name, Does Not Constitute a Valid Admission for Summary Judgment Without Trial.

20 Sep 2024

The Supreme Court allowed the appeal against the judgment of the Calcutta High Court, which had decreed eviction of the appellants (tenants) from a pr...

High Court

Bombay High Court Dismisses Petition for Promotion to Law Officer Post in Municipal Corporation — Petitioner Not Entitled to Promotion as Appointment Was by Direct Recruitment and Petitioner Did Not Meet Eligibility Criteria.

12 Apr 2024

The petitioner, Sanghmitra R. Sandansing, filed a writ petition seeking a direction to the Municipal Corporation of Greater Mumbai to promote her to t...

High Court

Bombay High Court Dismisses Petition Challenging NOC Requirement for Construction Near Naval Area. Court holds that the requirement of NOC from Naval authorities for construction within 500 meters of naval installation is valid and not arbitrary.

27 Sep 2023

The petitioners, Dolby Builders Private Ltd. and its shareholder Girish Agarwal, filed a writ petition challenging the requirement of a No Objection C...

High Court

Bombay High Court Allows Appeal in Admiralty Suit for Arrest of Vessel — Sets Aside Ex-Parte Order of Arrest for Non-Disclosure of Material Facts. Court holds that a plaintiff seeking arrest of a vessel must make full and frank disclosure of all material facts, including the existence of an arbitration agreement and the vessel's status as a River-Sea Vessel under the Merchant Shipping Act, 1958.

19 Aug 2022

The case involves an appeal by the defendants, MT Pamboor 2 (the vessel) and Shiny Shipping & Logistics Private Limited, against an ex-parte order of ...

High Court

High Court of Karnataka Quashes FIR in Aadhaar Enrolment Fraud Case — No Prima Facie Case Made Out. Allegations of forgery and cheating under IPC Sections 465, 468, 469, 471, 420, 120-B read with 34 fail as complaint lacks specific details and essential ingredients.

30 Sep 2021

The petitioner, Sri Naresh Kumar R.P., CEO of M/s Edurays India, filed a petition under Section 482 of the Code of Criminal Procedure, 1973 seeking qu...

High Court

Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence of Deceased. The Court apportioned liability 50:50 between the car driver and the truck driver, reducing the insurer's liability from full award to 50%.

4 Dec 2018

The case arises from a motor accident claim filed by the legal representatives of a deceased pillion rider. The deceased was riding pillion on a motor...

High Court

Bombay High Court Dismisses Appeal Against Arbitral Tribunal's Interim Order in Arbitration Petition Under Section 37 of Arbitration and Conciliation Act, 1996. Court Holds That Scope of Interference Under Section 37 Is Limited and Impugned Order Did Not Suffer From Patent Illegality or Perversity.

29 Mar 2016

The petitioners, Wind World (India) Limited and others, filed an arbitration petition under Section 37 of the Arbitration and Conciliation Act, 1996, ...

High Court

Bombay High Court Dismisses Appeal by Housing Society and Members Against Builder and Flat Owners in Suit for Declaration and Injunction. Court Holds That Dispute Over Construction of Additional Floors and Common Amenities Is Not Maintainable Without Proper Evidence of Title and Breach of Contract.

8 Jul 2015

The appellants, Shangrilla Apartments Co-op. Housing Society Ltd. and its members, filed a suit (Special Civil Suit No.130/2000) before the Civil Judg...

High Court

Bombay High Court Allows Demat Account in Name of Deity, Recognizes Deity as Juristic Person Under Hindu Law. The court held that a deity, being an artificial person under Hindu law, is entitled to open a Demat account for share transactions under the Depositories Act, 1996.

16 Jul 2010

The Petitioner, Shri Ganpati Panchayatan Sansthan Trust, a private trust managing five family deities (Lord Ganpati, Chintamaneshwar Deo, Suryanarayan...

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