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Bombay High Court Allows Petition of Retired Employee in Excess Payment Recovery Case — Recovery from Pension Without Hearing Violates Natural Justice. Recovery of Rs.1,35,513/- from pension quashed as no opportunity of hearing was given before ordering recovery.

The petitioner, Dattatraya s/o Kalu Patil, was appointed as Extension Officer Statistics by the respondent no.5 on 19.10.1994. He was granted higher p...

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Bombay High Court Allows Writ Petition Seeking Enforcement of RERA Order and Grants Interim Relief of Deposit and Injunction Against Developer. RERA Order Directing Refund of Investment with Interest Must Be Complied With by Revenue Authorities and Developer.

The petitioner, Rustam Phiroze Mehta, filed a writ petition seeking enforcement of an order dated 15th April 2019 passed by the Maharashtra Real Estat...

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Bombay High Court Upholds Admission of Winding-Up Petition Against Telecom Company Due to Substratum Erosion and Deadlock. Cancellation of 2G Licences and Irreconcilable Differences Between Equal Shareholders Justify Winding-Up Under Section 433(f) of the Companies Act, 1956.

The appeal arose from an order of the company judge admitting a petition for winding up of Etisalat D.B. Telecom Limited (the company) under Section 4...

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Bombay High Court Allows Section 11 Petition for Appointment of Arbitrator in Construction Contract Dispute. Work Order Containing Arbitration Clause Constitutes Valid Arbitration Agreement Between Contractor and Property Owner.

The petitioner, M/s. Shilpi Constructions Engineers & Contractors, filed a petition under Section 11 of the Arbitration and Conciliation Act, 1996, se...

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Supreme Court Dismisses Appeal of Manufacturer in Central Excise Duty Dispute on Captive Consumption of Yarn. Court Holds That Bank Guarantees Furnished Under Interim Order Can Be Enforced Without Section 11A Notice.

The appellant, M/s. The Bombay Dyeing & Mfg. Co. Ltd., was engaged in the manufacture of cotton and manmade fabrics. It claimed that the fabric manufa...

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Bombay High Court Partly Sets Aside Arbitral Award in Development Agreement Dispute Between Cooperative Housing Society and Developer. Court Upholds Award on Termination of Agreement and Refund of Deposit but Sets Aside Directions for Possession and Appointment of Receiver.

The judgment arises from two arbitration petitions and a notice of motion filed under Section 34 of the Arbitration and Conciliation Act, 1996, challe...

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High Court of Bombay Decides Surviving Issue on Interpretation of Government Notification in Land Reservation Dispute. The Court Examines Whether Lessee Entitled to Non-Cash Compensation Under 2004 Notification for Release of Reserved Land for Development.

The writ petition was filed by Mafatlal Industries Limited and its officer seeking directions to enforce a Government Notification dated 10-02-2004 th...