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Bombay High Court Grants Interim Relief to Flat Purchaser Under Section 9 of Arbitration Act for Incomplete Flat Due to Struts. Developer directed to remove struts and complete flat within 12 weeks or pay compensation.

The petitioners, Shahveer Padam Kapadia and another, filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking interim r...

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Supreme Court Interprets Scope of 'Child' under POCSO Act in Appeal Concerning Mentally Challenged Victim. Mental Age of Adult with Cerebral Palsy Considered for Applicability of Special Procedures under Protection of Children from Sexual Offences Act, 2012.

The case concerned a criminal appeal by the prosecutrix, a 38-year-old woman suffering from cerebral palsy (R. Hemiparesis), through her mother. An FI...

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Bombay High Court Examines Legality of Preventive Detention Order Under MPDA Act, 1981 Citing Non-Application of Mind and Procedural Flaws. Detention Based on Stale Past Incidents and Improper Communication of Right to Representation Raises Concerns Under Article 22(5).

The petitioner, a resident of Aurangabad, filed a criminal writ petition under Article 226 of the Constitution of India challenging the preventive det...

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Bombay High Court Partially Sets Aside Arbitral Award in Shareholder Dispute Over Hotel Company Exit — Holds That Arbitrator Exceeded Jurisdiction by Granting Relief Beyond Scope of Reference and Without Proper Valuation.

The judgment pertains to two Commercial Arbitration Petitions arising from an arbitral award dated 5th April 2016. The petitioners (Panchamias Group a...

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Supreme Court Dismisses Tenant's Appeal in SARFAESI Act Case — Oral Tenancy After Mortgage Not Protected. Tenant's claim of tenancy based on oral agreement after mortgage creation cannot defeat bank's right to take possession under Section 14 of SARFAESI Act.

The present appeal arises from an order of the Chief Metropolitan Magistrate, Esplanade, Mumbai, dated 31.12.2014, rejecting the application of the ap...

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Bombay High Court Dismisses Insolvency Petition Against Deceased Insolvent, Holding Proceedings Abate Upon Death. Insolvency Petition Under Presidency Towns Insolvency Act, 1909 Abates as Act Does Not Permit Substitution of Legal Representatives.

The case involves an insolvency petition filed by Prime Securities Ltd. against Anil Mithalal Shah under the Presidency Towns Insolvency Act, 1909. Th...

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Bombay High Court Upholds Minority Scholarship Schemes as Constitutional — Schemes for Minority Communities Do Not Violate Article 14 or 15(1) as They Are Based on Backwardness and Not Religion Alone.

The Bombay High Court disposed of two public interest litigations challenging the constitutional validity of two scholarship schemes for minority comm...