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Supreme Court Allows Appeal in Arbitration Appointment Case — Withdrawal of Section 11 Petition Does Not Bar Fresh Application Under IBC. Order 23 Rule 1 CPC Not Applicable to Arbitration Petitions; Section 9 IBC and Section 11 Arbitration Act Seek Different Reliefs.

The Supreme Court allowed the appeal filed by M/s HPCL Bio-Fuels Ltd. against the judgment of the Bombay High Court which had appointed a sole arbitra...

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High Court of Bombay at Goa Hears Writ Petition Challenging Administrative Tribunal Orders in Mundkarial Dispute. Key Issue Whether Mamlatdar Had Jurisdiction to Determine Mundkarial Rights When Reference Was Made Under Section 32 of the Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975.

The litigation originated from two civil suits filed in 1992 by M/s. Suvarn Rajaram Bandekar Discretionary Trust against one Armando Cardozo for remov...

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Supreme Court Upholds High Court Remand to Appellate Tribunal in Stage Carriage Permit Dispute under Motor Vehicles Act, 1939. High Court's direction to rehear all appeals arising from a single tainted appellate order is valid to prevent public inconvenience.

The dispute arose from the grant of a stage carriage permit on the route Kumbakonam to Neiveli. The Regional Transport Authority, South Arcot, granted...

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Bombay High Court Dismisses Review Petition in Arbitration Matter — No Error Apparent on Face of Record in Limitation Finding. Court holds that review jurisdiction under Section 114 CPC and Order 47 Rule 1 is limited to errors apparent on record, not re-appreciation of evidence.

The review petition was filed by Hindustan Construction Co. Ltd. (the original respondent no.1 in Arbitration Appeal No. 6 of 2007) seeking review of ...

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High Court Quashes Government Order Denying Regrant to Dalit Allottee in Watan Land Dispute. Occupancy Price Paid within Prescribed Period under Bombay Inferior Village Watans Abolition Act, 1958 Entities Allottee to Regrant as Authorised Holder.

The dispute arose from a claim for regrant of service inam watan lands under the Bombay Inferior Village Watans Abolition Act, 1958. Originally, the l...

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Bombay High Court Allows Exclusion of Time Under Section 14 of Limitation Act for Appeal Under Section 35 of FEMA — Appellant Bona Fide Pursued Remedies Before Wrong Forum

The appellant, Rajkumar Shivhare, was issued a show cause notice under Section 3(C) of the Foreign Exchange Management Act, 1999 (FEMA) on 12 January ...