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Bombay High Court Allows Interim Application for Appointment of Court Receiver in Property Dispute Over Extra FSI Entitlement. Dispute concerns interpretation of Deed of Conveyance dated 27.09.1994 regarding additional area rights.

The Plaintiff, Erle Benedict Pereira, filed a suit seeking a declaration for extra FSI/additional area in respect of his entitlement under a registere...

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Bombay High Court Quashes Summons Against Politician in Defamation Case for Alleged Remarks Against RSS — Statements Not Defamatory as They Did Not Refer to Complainant or Any Identifiable Individual.

The petitioner, Rahul Gandhi, a Member of Parliament and Vice President of the Indian National Congress, filed a criminal writ petition under Article ...

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Bombay High Court Allows Writ Petitions of Expelled Members of Cooperative Housing Society. Expulsion orders quashed for violation of natural justice and non-compliance with Section 35 of Maharashtra Cooperative Societies Act, 1960.

The judgment concerns multiple writ petitions filed by members of the Sion Kamgar Cooperative Housing Society Ltd. (Respondent No.5) who were expelled...

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Bombay High Court Upholds Disqualification of Municipal Councillors for Defection Under Maharashtra Local Authority Members Disqualification Act, 1985. Petitioners who contested as independent candidates after being denied party tickets were held to have voluntarily given up party membership.

The judgment concerns three writ petitions filed under Article 227 of the Constitution of India challenging identical orders dated 18.03.2015 passed b...

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Bombay High Court Dismisses Appeal Against Revocation of Leave Under Clause XII of Letters Patent Act in Arbitration Petition. Court Holds That Cause of Action for Section 9 Petition Arises Where Arbitration Agreement Is Situated, Not Where Interim Relief Is Sought.

The appeal arose from a judgment of the learned Single Judge of the Bombay High Court, who allowed Chamber Summons No. 905 of 2013 filed by Respondent...

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Bombay High Court Allows Writ Petition Challenging Cooperative Society's Recovery Proceedings — Held That Recovery Under Section 101 of Maharashtra Cooperative Societies Act, 1960 Cannot Be Initiated Without Prior Adjudication of Dispute Under Section 91.

The petitioners, employees of a cooperative society, challenged a recovery notice issued by the District Deputy Registrar under Section 101 of the Mah...

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Bombay High Court Allows Retired Employee's Petition for Pensionary Benefits with Interest. Delay in Payment of Pension by Municipal Corporation Entitles Employee to Interest at 6% Per Annum from Date of Retirement.

The petitioner, Dr. Dinkar Sadashivrao Deshpande, a retired employee of the Aurangabad Municipal Corporation, filed a writ petition seeking a directio...

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WRIT PETITION NO. 6608 OF 2016

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Bombay High Court Dismisses Petition to Terminate Arbitrator's Mandate for Alleged Undue Delay in Arbitration Proceedings. Section 14(2) of Arbitration and Conciliation Act, 1996 requires de jure inability to act, not mere delay, for termination of mandate.

The petitioners, Ramavtar B. Jajodia and Santosh Ramavtar Jajodia, filed a petition under Section 14(2) of the Arbitration and Conciliation Act, 1996,...