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Bombay High Court Dismisses Review Petition in Arbitration Matter Due to Lack of Jurisdiction Under Section 5 of Arbitration Act. Review Petition Against Order Under Section 37 of Arbitration and Conciliation Act, 1996 Held Not Maintainable as Review Not Provided Under Part I of the Act.

The petitioner, M/s Madhav Structural Engineering Ltd., was awarded a contract by the respondent, Maharashtra State Road Development Corporation Ltd.,...

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High Court of Bombay at Aurangabad Dismisses Appeal Against Setting Aside of Arbitral Award Under Section 34 of Arbitration and Conciliation Act, 1996 — Arbitrator's Award of Interest on Escalation Amount Upheld as Not Contrary to Contract Terms.

The case involves an appeal by Godawari Marathwada Irrigation Development Corporation against a judgment of the Civil Judge, Senior Division, Parbhani...

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Bombay High Court Dismisses Petition Challenging Rent Order Under Maharashtra Rent Control Act — Tenant's Eviction Upheld for Non-Payment of Rent. Court Held That Rent Controller's Order Directing Deposit of Rent and Mesne Profits Was Justified and Not Requiring Interference Under Article 227.

The petitioner, Somnathappa s/o Nagnathappa Halge, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 05/...

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Bombay High Court Allows Appeals Under Section 37 of Arbitration Act, Restoring Arbitral Award in Shareholder Dispute. Court Holds That Single Judge Exceeded Jurisdiction Under Section 34 by Reappreciating Evidence and Substituting His Own View.

The case involves two appeals under Section 37 of the Arbitration and Conciliation Act, 1996, filed by M/s. Goldstar Metal Solutions Pvt. Ltd. and M/s...

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Bombay High Court Allows Appeal Against Return of Plaint in Trespass Suit — Jurisdiction Must Be Decided on Plaint Averments, Not Evidence. The court held that under Order 7 Rule 10 CPC, a plaint can be returned only if the plaint itself shows lack of jurisdiction, not after a trial on evidence.

The appellant, Globe Theatres Pvt. Ltd., filed a suit in the Bombay City Civil Court for recovery of possession, injunction, and damages against the r...

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Bombay High Court Allows Writ Petition Challenging Land Revenue Appeal Order and Demolition Notice — Mutation Entry Restored. The court held that the Land Revenue Code does not empower revenue authorities to order demolition and that mutation entries are presumptive evidence of possession, not title.

The petitioners, claiming to be owners and in possession of property surveyed under no.128/10 of Cavellosim Village, filed an application before the J...

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Bombay High Court Allows Writ Petition Challenging Caste Scrutiny Committee's Invalidity Order for Scheduled Tribe Certificate. Court holds that the Scrutiny Committee must consider the affinity test and other relevant material before declaring a caste certificate invalid.

The petitioner, Prashant s/o Nago Badgujar, filed a writ petition challenging the judgment and order dated 18th September 2012 passed by the Caste Scr...

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High Court of Bombay at Goa Quashes University Order Revising Pay Scale with Retrospective Effect Without Notice - Violation of Natural Justice in Service Matter. The court held that any order affecting the pay of an employee with retrospective effect must be preceded by a notice and opportunity of hearing.

The petitioner, Dr. Bugui Dessai, was appointed as a Reader in Inorganic Chemistry at Goa University in June 1987 and confirmed in service in June 198...