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Madras High Court Allows Writ Petition in Land Encroachment Case — Directs Authorities to Treat Final Notice as Show Cause Notice. Procedural Fairness Under Tamil Nadu Land Encroachment Act, 1905 Requires Prior Opportunity of Hearing Before Eviction.

The writ petitioner, K. Kanagaraj, filed a petition under Article 226 of the Constitution of India before the Madras High Court challenging a notice i...

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Madras High Court Quashes Eviction Order for Non-Consideration of Objections Under Tamil Nadu Land Encroachment Act. Tahsildar's failure to consider petitioner's reply to Section 7 notice before passing Section 6 eviction order violates principles of natural justice.

The petitioner, S.Palanisamy, filed a writ petition under Article 226 of the Constitution of India before the Madurai Bench of the Madras High Court, ...

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Supreme Court Allows CBI Appeals in PC Act Cases: Consent Under Section 6 DSPE Act Not Required for Investigation of Central Government Employees; Notification Under Section 3 PC Act Not a Condition Precedent for Trial by Special Judge.

The Supreme Court of India heard two appeals filed by the Central Bureau of Investigation (CBI) against a common judgment of the High Court of Andhra ...

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Bombay High Court Dismisses Employer's Petition Challenging Maintainability of Gratuity Application Under Payment of Gratuity Act. Dispute Over Quantum of Contractual Gratuity Under Section 4(5) of Payment of Gratuity Act, 1972 Falls Within Jurisdiction of Controlling Authority Under Section 7.

The petitioner-employer, Vitesco Technologies India Pvt. Ltd., challenged the order of the Appellate Authority under the Payment of Gratuity Act-cum-I...

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Bombay High Court Allows Appointment of Arbitrator Despite Death of Named Arbitrators in Arbitration Clause. Clause 21 of Agreement Construed as Valid Arbitration Agreement Under Section 7 of Arbitration and Conciliation Act, 1996.

The Applicant, Global Cements Ltd., entered into an agreement for sale with the Respondent, The Associated Cement Companies Ltd., on 16 December 1989....

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Bombay High Court Sets Aside Arbitral Award in Favor of PepsiCo Due to Absence of Valid Arbitration Agreement. The Court Held That Without a Signed Contract Containing an Arbitration Clause, the Arbitrator Lacked Jurisdiction to Entertain the Claim.

The case involves a challenge by PepsiCo India Holding Pvt. Ltd. (Petitioner) against an arbitral award dated 7 January 2010 passed by a sole arbitrat...

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Bombay High Court Dismisses Petition Challenging Sale of Fragment to Adjacent Owner Under Section 7 of Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947. Sale of Fragment to Owner of Adjacent Survey Number is Valid as 'Contiguous Owner' Includes Owner of Adjacent Land.

The petitioner, Balwantrao Bhagwantrao Deshmukh, filed a writ petition challenging the sale of a fragment of land (Survey No. 7/1) by respondent No. 1...

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Bombay High Court Dismisses Arbitration Petition for Appointment of Arbitrator in Family Property Dispute — No Arbitration Agreement Exists Between Parties. Will Clause Cannot Substitute Arbitration Agreement Under Section 7 of Arbitration and Conciliation Act, 1996.

The petitioner, Mrs. Padmini Chandran Menon, filed an Arbitration Petition under Section 11 of the Arbitration and Conciliation Act, 1996, seeking app...