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Supreme Court Allows Refund of Premium for Unutilized FSI in Land Development Case — Absence of Statutory Bar Permits Refund When Privilege Not Availed. Appellants Paid Premium for Extra FSI but Abandoned Project; Court Held Retention of Premium Without Benefit Amounts to Unjust Enrichment.

The appellants, Prasad Pandurang Tapkir and Shakuntala Pandurang Tapkir, owned agricultural land in Survey No. 103/2/2 of Alandi Taluka, Pune District...

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Bombay High Court Disposes of Petition Seeking Compensation for Student's Death, Directs State to Ensure Medical Facilities in Educational Institutes — Court Emphasizes Need for Structured Medical Emergency Response in Colleges and Schools.

The petitioner's daughter, Tejuswini, a final-year diploma student at a polytechnic college in Mumbai, collapsed in her classroom on 22 February 2016,...

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Supreme Court Allows Appeal in Bond Redemption Dispute, Upholding Defendant's Compliance with RBI Directives. Interest on Delayed Payment Not Payable Due to Regulatory Embargo and Pending Liquidation Proceedings Under Companies Act, 1956.

The dispute arose from a suit filed by M/s. SIBCO Investment Pvt Ltd against Small Industries Development Bank of India seeking interest on alleged be...

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Bombay High Court Directs School to Admit Child with Autism Under RTE Act — Allotment Letter Cannot Be Ignored. School Bound to Grant Admission to Child with Disability as Per Allotment Under Section 12(1)(c) of Right to Education Act, 2009.

The petitioner, Ashish Patel, father of Master Rasesh Patel, filed a writ petition under Article 226 of the Constitution of India seeking directions t...

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Bombay High Court Quashes Transfer Order of Chief Engineer in MSETCL for Non-Compliance with Transfer Policy. Transfer of Employee Mid-Academic Year Without Considering Family Circumstances Violates Principles of Natural Justice and Departmental Transfer Guidelines.

The petitioner, Sanjay Tulshiram Shinde, a Chief Engineer with Maharashtra State Electricity Transmission Co. Ltd. (MSETCL), challenged an office orde...

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Bombay High Court Dismisses Writ Petition Seeking Promotion with Retrospective Effect in Air India Corporation Case. Petitioner failed to establish any legal right to promotion or that the Respondent acted arbitrarily in not promoting him.

The Petitioner, T.S. Kolhatkar, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court seeking a direction ...

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Bombay High Court Partially Upholds Arbitral Award in Railway Contract Dispute — Interest Rate Reduced from 18% to 9%. The court held that the arbitrator's award did not violate public policy but reduced the interest rate as excessive under Section 34 of the Arbitration and Conciliation Act, 1996.

The petitioner, Union of India, challenged an arbitral award dated 8 October 2010 under Section 34 of the Arbitration and Conciliation Act, 1996. The ...

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Bombay High Court Sets Aside Ex-Parte Arbitral Award for Violation of Natural Justice and Unilateral Appointment of Arbitrator. Unilateral Appointment of Sole Arbitrator Contrary to Arbitration Clause Requiring Joint Nomination Invalidates Award Under Section 34 of Arbitration and Conciliation Act, 1996.

The petitioners, Mrs. Sheeba Jose and Mr. Jose Paramban Ouseph, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, chall...