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Bombay High Court Addresses Section 11 Application for Appointment of Arbitrator; Validity of 20% Claim Cap Clause Under Scrutiny. The Court Examines Whether a Contractual Condition Limiting Arbitration to Claims Not Exceeding 20% of Contract Value Is Arbitrary and Discriminatory.

The dispute arose from a contract dated 7 May 2018 between a contractor and the Central Railways for the preparation of design and structural drawings...

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High Court of Bombay Orders Partial Release of Goods from Court Receiver's Custody in Section 9 Arbitration Petition. Goods Not Included in Petitioner's Claim List Released on Petitioner's Consent, Pending Determination of Third-Party's Bona Fide Purchaser Status.

JSW Steel Limited entered into a Franchise Agreement dated 1 July 2018 with three sister concerns (Delta Iron & Steel Co. Pvt. Ltd., Yatin Steels Indi...

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Supreme Court Allows Appeal of Elected Candidate in Office of Profit Disqualification Case. Special Government Pleader Appointment Under Order 27 Rule 8B CPC Held Not an Office of Profit Under Article 191(1)(a) of Constitution, and Rajasthan Act 5 of 1969 Retrospectively Removed Disqualification.

This appeal arose from an election petition challenging the election of Kanta Kathuria to the Rajasthan Legislative Assembly from the Kolayat constitu...

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KAHC010521472015_1

The plaintiff, a company registered under the Companies Act, 1956, engaged in developing resorts and health clubs, entered into an agreement to purcha...

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Bombay High Court Enhances Compensation for Airport Land Acquisition in Marol Village — Market Value Fixed at Rs. 90 per sq. m. for 1981 and 1982 Notifications. Court Relies on Expert Valuer's Report and Rejects SLAO's Low Valuation Based on Inadequate Comparable Sales.

The judgment pertains to two Land Acquisition References (LAR No.18 of 1988 and LAR No.19 of 1988) filed by A.H. Wadia Charity Trust (the Claimant) se...

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Supreme Court Dismisses Appeal Against Eviction Decree Based on Concurrent Findings of Fact — Licence and Ownership Established Through Agreement to Sell and Will. No Interference with Concurrent Findings of Fact as Defendant Failed to Prove Fraud or Manipulation.

The case involves a civil suit for eviction and mesne profits filed by the plaintiff-respondent (Yogendra Rathi) against the defendant-appellant (Ghan...

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Supreme Court Allows Appeals for Enhancement of Compensation in Motor Accident Deaths of Housewife and Minor Child. Sets Aside Contributory Negligence Deduction for Passengers in Horse Cart, Awards Future Prospects for Housewife and Minor.

The Supreme Court allowed appeals by the claimants, enhancing compensation for the death of a housewife and her minor daughter in a motor accident. Th...