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High Court Dismisses Writ Petition Seeking Compensation for Land Acquired by BDA, Filed by Agreement Holder. Agreement Executed After Preliminary Notification Held Void; Suppression of Civil Suit and Lack of Title Preclude Compensation.

The petitioner, claiming to be an agreement holder in respect of certain lands notified for acquisition by the Bangalore Development Authority for the...

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Bombay High Court hears appeal against CESTAT order upholding duty demand and confiscation of diamonds due to shortage and non-compliance with export obligations — substantial questions raised on interpretation of Notification No. 177/94-Cus and para 8.78B of Handbook of Procedures.

The appellant, a partnership firm engaged in manufacturing and exporting gold jewellery studded with diamonds at its unit in the Santacruz Electronics...

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Bombay High Court Dismisses Appeal in Lease Dispute Over Condition Precedent. Letter of Acceptance with Condition of Government Approval Does Not Form Concluded Contract Under Indian Contract Act.

The case involves an appeal by Mystical Techplast Pvt. Ltd. against the Maharashtra State Road Development Corporation (MSRDC) concerning a lease of t...

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Bombay High Court Dismisses Appeal Against Temporary Injunction in Specific Performance Suit Based on Oral Agreement for Sale. Agreement to Sell Need Not Be in Writing If Followed by Part Performance Under Section 53A of Transfer of Property Act, 1882.

The present appeal arises from an order dated 6/11/2004 passed by the Joint Civil Judge, Senior Division, Nagpur in Special Civil Suit No. 201/2004, g...

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Bombay High Court Hears Appeals Against Orders in Section 9 Applications for Injunction in Water Supply Project Dispute. Court Examines Whether Injunction Preventing Contract Termination Amounts to Impermissible Specific Performance Under Specific Relief Act, 1963.

The matter involved two arbitration appeals arising from interim applications under Section 9 of the Arbitration and Conciliation Act, 1996. The dispu...

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Bombay High Court Dismisses Appeal Against Order Upholding Arbitral Award Refusing Specific Performance of School Sale Agreement. Purchaser's Lack of Readiness and School Closure Justify Non-Interference Under Section 34 of Arbitration and Conciliation Act, 1996.

The dispute concerned an agreement for the sale of a running school entered into in 1999 between a public charitable trust as purchaser and the origin...

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Supreme Court Allows Appeals in Coal Mines (Special Provisions) Act Case, Overturning High Court's Grant of First Right of Refusal. The Court Held That Section 11 of the Act Does Not Confer a First Right of Refusal and Upheld the Competitive Bidding Process for Appointing a Mine Developer-cum-Operator.

The Supreme Court of India heard civil appeals arising from special leave petitions concerning a dispute over the interpretation of Section 11 of the ...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Hotel Management Contract Dispute — No Interference Under Section 34 as Findings Are Plausible. Arbitrator's Finding of Breach of Contract and Award of Damages Upheld as Not Perverse or Contrary to Public Policy.

The petitioner, Hotel Corporation of India Ltd., challenged an arbitral award passed by a sole arbitrator under Section 34 of the Arbitration and Conc...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Television Production Dispute — Rejects Claim for Loss of Reputation. Court upholds arbitral tribunal's finding that claimant failed to prove loss of reputation due to alleged breach of contract.

The petitioners, Star India Private Limited, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral ...