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Bombay High Court Dismisses Petition Challenging Appointment of Chief Medical Officer in Port Trust. Selection and appointment of respondent no.3 as Chief Medical Officer with Mormugao Port Trust upheld as valid under the Recruitment Regulations, 2000.

The petitioner, Dr. Dnyaneshwer Purshottam Kudalkar, a Chief Medical Officer with New Mangalore Port Trust, challenged the selection and appointment o...

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Bombay High Court Allows Appointment of Arbitrator in Commercial Dispute Over Non-Payment and Failure to Issue Taking Over Certificate. Court holds that disputes regarding interim payment certificates and issuance of TOC are arbitrable under Section 11 of the Arbitration and Conciliation Act, 1996.

The applicants, BSI-JDN Joint Venture and others, filed four applications under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appo...

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High Court Allows Appeal by Appellant Against Respondent in Money Claim Suit, Reverses Trial Court's Dismissal on Ownership Grounds Under Major Port Trusts Act, 1963

Appellant, a U.K.-based company, appealed against the Bombay City Civil Court's order dismissing its suit for money claim regarding goods sold by auct...

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Bombay High Court Dismisses Suit by Port Trust for Recovery of Port Charges Due to Failure to Prove Auction Sale Date. Claim for Rs.1,14,057 Barred by Limitation as Evidence of Sale on 14th September 1981 was Inconsistent and Not Supported by Notice.

The Board of Trustees of the Port of Bombay, constituted under the Major Port Trusts Act, 1963, filed a suit for recovery of Rs.1,14,057.24 with inter...

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Bombay High Court Dismisses LIC's Revision Against Eviction Order for Unauthorized Subletting. Lease Agreement Prohibited Subletting Without Consent; Subletting to Multiple Tenants Constituted Breach Justifying Eviction Under Transfer of Property Act, 1882.

The case involves a lease agreement executed on 16/12/1960 between the Board of Trustees of the Port of Mumbai (Plaintiff/Respondent) and the Life Ins...

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Bombay High Court Dismisses Airport Operator's Challenge to Customs Regulation Requiring Bill of Entry for Export Goods. Regulation 5(2) of Handling of Cargo in Customs Areas Regulations, 2009 Held Intra Vires Customs Act, 1962 and Constitutional.

The petitioner, M/s. Mumbai International Airport Private Ltd., filed two writ petitions challenging the validity of Regulation 5(2) of the Handling o...

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Bombay High Court Examines Whether Bunker Fuel Sales to Vessels on High Seas Are Taxable Under Maharashtra VAT Act. Petitioners Challenged Assessment Orders and Recovery Notices Claiming Sales Occurred Outside State Territory and Were in Course of Export.

The dispute arose from assessment and recovery proceedings under the Maharashtra Value Added Tax Act, 2002 concerning sales of High Speed Diesel (HSD)...

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Bombay High Court Considers Writ Petition Challenging Estate Officer’s Jurisdiction Under PP Act Against SARFAESI Possession. Asset Reconstruction Company Asserts SARFAESI Act Overrides PP Act, Requiring Landlord to Approach Debt Recovery Tribunal.

The writ petitioner, an Asset Reconstruction Company incorporated under the Companies Act, 1956 and registered under the SARFAESI Act, challenged the ...