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Bombay High Court Allows Daughter's Claim in Land Acquisition Reference Despite Mutation Entry in Favor of Brother's Family. Court Holds Mutation Entry Not Conclusive of Title and Daughter Entitled to Share as Co-owner Under Hindu Succession Act, 1956.

The petitioner, Sakhubai @ Shakuntala V. Chopde, filed a writ petition challenging the order of the Reference Court under Sections 30 and 31 of the La...

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Bombay High Court Dismisses Petition for Extension of Time to Deposit Cost Under Section 148 CPC — Failure to Deposit Cost Within Stipulated Time Results in Rejection of Extension Application

The petitioners, original defendants in a suit for perpetual injunction filed on 11th February 2002, sought to take their written statement on record ...

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Bombay High Court Allows Second Appeal in Specific Performance Suit — Agreement to Repurchase Not Enforceable. Receipt for Reconveyance Does Not Constitute a Valid Contract for Sale Under Section 54 of Transfer of Property Act, 1882, and Suit Barred by Limitation.

The dispute pertains to a suit for specific performance of an alleged agreement to repurchase suit land. The plaintiff, Dattu Kadu Aher, originally mo...

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Bombay High Court Dismisses Petitioners' Challenge to Cancellation of Sand Ghat Leases for Non-Deposit of Balance Amount. Failure to Deposit 75% of Bid Amount Within 30 Days as per Government Resolution dated 12.03.2013 Justifies Cancellation and Re-auction.

The petitioners, seven individuals and firms, participated in an e-auction conducted on 07.12.2013 for the grant of leases of 73 sand ghats in Bhandar...

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Bombay High Court Allows ESIC Appeal in ESI Coverage Dispute - Section 2A and Regulation 10B Held Mandatory. Employer's Failure to Obtain Code Number Does Not Excuse Contribution Liability Under Employees State Insurance Act, 1948.

The appeal was filed by the Employees State Insurance Corporation (ESIC) under Section 82 of the Employees State Insurance Act, 1948 against the order...

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Supreme Court Quashes High Court's Interim Order Modifying Copyright Rules in Statutory License Dispute - Interim Order That Altered Prior Notice Requirement Under Rule 29(4) of Copyright Rules 2013 Set Aside as Impermissible Judicial Rewriting of Statutory Provisions.

The appeals arose from an interim order dated 2 August 2021 by a Division Bench of the High Court of Judicature at Madras in writ petitions challengin...

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Bombay High Court Dismisses Petition to Restrain Encashment of Performance Bank Guarantee in Arbitration Dispute. Court holds that bank guarantee is an independent contract and injunction can only be granted in cases of fraud or irretrievable injustice, which were not established.

The petitioner, Karam Chand Thapar & Bros. (Coal Sales) Ltd., filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking ...

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Bombay High Court Allows Appeal Against Deduction from Gratuity for Cooperative Loan Repayment. Employer Cannot Deduct Gratuity for Loan to Cooperative Society Unless It Is a Government Due Under Rule 132 read with Rule 134 of Maharashtra Civil Service (Pension) Rules, 1982.

The appellant, Ashfaq Husain, was a Section Officer with Zilla Parishad, Washim. Upon his retirement, the respondents (Chief Executive Officer, Block ...