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Supreme Court Dismisses Contempt Petition for Alleged Wilful Disobedience of Order to Vacate Premises — Failure to File Undertaking and Pay Dues Not Contempt as Substantive Compliance Achieved.

The contempt petition was filed by Hukum Chand Deswal (petitioner) against Satish Raj Deswal (respondent) alleging wilful disobedience of the Supreme ...

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Bombay High Court Dismisses Arbitration Petition Challenging Award Rejecting Salvor's Claims for Idling Charges in Salvage Contract Dispute. Court upholds arbitral tribunal's finding that salvor failed to prove breach of contract and damages, and that claims were barred by accord and satisfaction.

The case involves a challenge under Section 34 of the Arbitration and Conciliation Act, 1996, to an arbitral award passed by a three-member tribunal i...

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Bombay High Court Dismisses Writ Petition of Cooperative Society Challenging Rejection of Crop Insurance Claim Due to Non-Payment of Premium. Payment of Premium is Condition Precedent for Insurance Coverage Under National Agricultural Insurance Scheme.

The petitioner, Vivid Karyakari Seva Sahakari Society Limited, a cooperative society, filed a writ petition challenging the rejection of its crop insu...

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Bombay High Court Allows Appointment of Arbitrator in Insurance Dispute Despite Insurer's Denial of Liability. Arbitration Clause in Comprehensive Mega Risks Insurance Policy Held to Survive Repudiation of Claim.

The applicant, Essar Steel India Ltd., filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of an ...

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Bombay High Court Upholds Eviction Decree Against Tenant for Change of User from Residential to Commercial. Tenant's Use of Premises for Storing Cloth Packages and Business Constitutes Change of User Under Rent Control Legislation.

The case involves a Civil Revision Application filed by the original defendants (tenants) challenging the judgment and decree of the lower Appellate C...

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Bombay High Court Dismisses Tenant's Petition and Allows Landlady's Petition in Eviction Suit Based on Damage and Nuisance. Concurrent findings of fact regarding permanent construction and nuisance under Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, upheld in writ jurisdiction.

The judgment arises from two cross writ petitions challenging a decree of eviction passed against the tenant. The landlady, Smt. Pramila Vijay Phansal...

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High Court of Bombay at Goa Allows Appeal in Land Acquisition Case — Market Value Enhanced to Rs.66 per Square Metre for Konkan Railway Project. Comparable Sale Deeds of Nearby Land at Rs.64 and Rs.66 per Square Metre Form Basis for Valuation Under Section 23 of Land Acquisition Act, 1894.

The case arises from the acquisition of 23,900 square metres of land belonging to the appellant, Smt. Shrimati Vishwanath Acharya (since deceased, rep...