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Gujarat High Court Allows Second Appeals in Rent Fixation Cases, Remands for Fresh Consideration. Court Holds That Appellate Court Erred in Dismissing Appeals Without Merits Under Section 11(3) of Bombay Rent Act.

The present batch of Second Appeals under Section 100 of the Code of Civil Procedure, 1908, arises from a common judgment and order passed by the lear...

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High Court of Karnataka Dismisses Challenge to KERC Order on Cross-Subsidy Surcharge for Open Access Industrial Consumers. Cross-Subsidy Surcharge Upheld as Valid Regulatory Measure Under Sections 42, 61, 62, 86 of Electricity Act, 2003.

The petitioner, Star Metallics and Power Private Limited, an industrial consumer of electricity, filed writ petitions under Articles 226 and 227 of th...

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High Court of Karnataka Reviews Enforcement of Foreign Arbitral Award Under Section 48 of Arbitration Act. Challenges to Award Based on Public Policy and Lack of Notice Were Dismissed by Executing Court.

The respondent, a Korean company, chartered a vessel to the petitioner, an Indian firm, under a Charter Party dated 12.05.2004. Disputes arose over fr...

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Bombay High Court Allows Writ Petition Challenging Land Acquisition for Non-Payment of Compensation Under Land Acquisition Act, 1894. Acquisition Lapses as Compensation Not Paid Within Five Years Despite Possession Taken.

The petitioners, original owners of land at Roadpali, Taluka Panvel, District Raigad, challenged the acquisition of their land by CIDCO under the Land...

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Bombay High Court Dismisses Petitions Challenging Medical College Admission Process — Upholds Institutional Preference and Reservation Policy. Institutional preference by minority unaided medical colleges is permissible under Article 30(1) of the Constitution and does not violate Article 14.

The judgment involves multiple writ petitions filed by students challenging the admission process for MBBS/BDS courses in medical colleges in Maharash...

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Bombay High Court Allows Petition Challenging Re-Development Agreement and Bye-Law Amendments in Co-operative Housing Society. Court Holds That Re-Development Agreement and Bye-Law Amendments Without General Body Approval Are Void Under Maharashtra Co-operative Societies Act, 1960.

The petitioner, B. K. Corporation, an association of persons, filed a writ petition challenging the validity of a re-development agreement and bye-law...

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Bombay High Court Dismisses Arbitration Petition Against Housing Society and Flat Owners for Lack of Arbitrable Dispute. Dispute over alleged oral agreement for redevelopment of building not covered by arbitration clause in share certificate.

The petitioner, M/s Heritage Lifestyle & Developers Ltd., filed an arbitration petition under Section 11 of the Arbitration and Conciliation Act, 1996...

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Supreme Court Dismisses Appeal by State Undertaking in BOT Arbitration Dispute, Upholds Arbitral Award on Termination Payment. Court Reiterates Limited Scope of Judicial Interference Under Sections 34 and 37 of Arbitration and Conciliation Act, 1996, Emphasizing Finality of Arbitral Awards.

The Supreme Court dismissed the appeal filed by Madhya Pradesh Road Development Corporation Ltd. (MPRDC) against the judgment of the Madhya Pradesh Hi...

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Bombay High Court Considers Application for Rejection of Plaint Based on Unregistered Lease and Determination of Lease. Court Examines Whether Plaint Discloses Cause of Action for Specific Performance and Monetary Claims Under Order VII Rule 11 CPC.

The case involved a suit for specific performance and a money decree filed by Export Credit Guarantee Corporation of India Ltd (plaintiff) against the...