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Bombay High Court Determines Sheriff's Poundage Payable on Settlement Amount in Admiralty Suit — Poundage Calculated on Amount Actually Realized Under Warrant of Arrest, Not on Claim Value.

The plaintiffs, Great Pacific Navigation (Holdings) Corporation Ltd., filed an Admiralty Suit against the vessel M.V. Tongil Yantai and its owners for...

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Bombay High Court Hears Second Appeal Against Partition Decree; Challenge to Lower Appellate Court's Grant of 1/4th Share in Joint Family Properties. Plaintiff Claimed Share via Will but Court Rejected Will Yet Allowed Partition, Now Appellants Contend Family Settlement Extinguished All Shares.

The second appeal before the Bombay High Court arises out of a partition suit. The plaintiff, Smt. Sushila, filed a suit for declaration, partition, a...

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High Court of Judicature at Bombay Considers Arbitration Petition No. 1070 of 2011 Under Section 45 of the Arbitration and Conciliation Act, 1996. The Petition Seeks Reference to ICC Arbitration in Dubai Pursuant to a Share Purchase Agreement; the Judgment Text is Incomplete.

The matter arose from a Share Purchase Agreement (SPA) dated 10 December 2004 between Welspun Trading Limited (transferor) and Eupec PipeCoatings GmbH...

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Supreme Court Dismisses MSRTC Appeals Against Reinstatement of Contractual Employees in Industrial Dispute Matter — Held That Retrenchment Without Compliance with Section 25-F of Industrial Disputes Act, 1947 Is Void and Employees Entitled to Reinstatement with Back Wages.

The present batch of civil appeals arises from a common judgment of the Bombay High Court (Nagpur Bench) which dismissed the writ petitions filed by t...

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Bombay High Court Quashes Attachment and Sale of Residential Bungalow in Income Tax Recovery Proceedings. Order Beyond Limitation Period Under Rule 68B(3) of Second Schedule and Non-Compliance with Proclamation Requirements Render Sale Invalid.

The case involved a writ petition under Article 226 of the Constitution of India challenging the attachment and proposed sale of a residential bungalo...

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Bombay High Court Dismisses Employees' Application to File Letters Patent Appeal Against Single Judge Order Rejecting Recall of Settlement. Settlement between Company and Union Held Binding on Workmen Despite Non-Signatory Status.

The case involves two civil applications filed by individual employees of M/s Jaysynth Anthraquinone Ltd. and M/s Jaysynth Dyechem Ltd. seeking leave ...

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Supreme Court Dismisses Insurer's Appeal, Upholds Appointment of Arbitrator in Insurance Claim Dispute. Discharge Voucher Signed Under Protest and Coercion Does Not Bar Arbitration Under Section 11(6) of the Arbitration and Conciliation Act, 1996.

The case involves an appeal by The Oriental Insurance Co. Ltd. against a Bombay High Court order appointing an arbitrator under Section 11(6) of the A...

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High Court Quashes Lok Adalat Award in Motor Accident Claim Due to Lack of Claimants' Signatures on Settlement Memo. Lok Adalat Award Set Aside as Settlement Memo Not Signed by Claimants, Violating Section 20 of Legal Services Authorities Act, 1987, and Appeal Restored for Merits Hearing.

The dispute arose from a motor accident claim where the husband and father of the petitioners died in a road traffic accident. The Motor Accidents Cla...