Search Results for "Waiver and Consent"

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Supreme Court Holds High Court Has Exclusive Jurisdiction Under Section 29A(4) of Arbitration Act for Extension of Time. The term 'Court' in Section 29A(4) is interpreted to mean the High Court, not the Civil Court, to ensure uniformity and avoid multiplicity of proceedings.

The case arose from a dispute between Jagdeep Chowgule (appellant) and Sheela Chowgule & Ors. (respondents) concerning the jurisdiction to entertain a...

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Bombay High Court Allows Appointment of Arbitrator in Slum Rehabilitation Dispute Between State of Maharashtra and Developer. Court Holds That Existence of Arbitration Clause and Failure of Respondent to Appoint Arbitrator Justifies Appointment Under Section 11 of Arbitration and Conciliation Act, 1996.

The State of Maharashtra filed a petition under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of an arbitrator to reso...

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Bombay High Court Orders Refund of Rs.56 Crore Service Tax Deposit Retained Without Authority of Law. Petitioner Bank's deposit made under protest to buy peace on interchange income cannot be retained without show cause notice or adjudication order.

The petitioner, The Hongkong and Shanghai Banking Corporation Ltd., filed a writ petition under Article 226 of the Constitution challenging the retent...

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High Court Dismisses Writ Petitions by Former Employees of Wellman Hindustan Limited Challenging Industrial Court Order on Unpaid Wages Under MRTU and PULP Act

The High Court of Bombay heard multiple connected writ petitions challenging the Industrial Court's dismissal of a complaint filed by former employees...

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Bombay High Court Allows Landlord's Writ Petition in Bombay Rent Act Case, Restoring Eviction Decree on Grounds of Subletting and Rent Default. Subletting of Tenanted Premises Without Landlord's Written Permission Violates Section 15 of the Act, and Doctrine of Waiver Does Not Cure Statutory Prohibition.

The dispute arose from a landlord-tenant relationship governed by the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947. The petitioner, S...

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Bombay High Court Dismisses Third-Party Challenge to Caste Certificate Validation for 'East Indian Christian' as OBC. Petitioner's lack of locus standi and Committee's reasoned decision upheld under Article 226.

The Petitioner, Devram Laxman Bhoir, a third party who contested the General Body Election of Thane Municipal Corporation and lost, filed a Writ Petit...

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Bombay High Court Allows TDR Claim for Amenity Development Under Appendix 'W' of Thane Municipal Corporation Development Regulations. Petitioner entitled to Transferable Development Rights for developing amenity space on surrendered plot under Clause 6 of Appendix 'W'.

The petitioner, M/s. Cosmos Realtors Joint Venture, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court ...