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Bombay High Court Dismisses Petition Challenging Arbitral Award in Specific Performance Dispute. Court upholds arbitrator's discretion to deny specific performance and award damages instead, finding no grounds for interference under Section 34 of the Arbitration and Conciliation Act, 1996.

The petitioner, Rolta India Ltd., challenged an arbitral award dated 8th December, 2010 under Section 34 of the Arbitration and Conciliation Act, 1996...

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Bombay High Court Upholds Constitution of Special Bench by ITAT President on CBDT Request in Income Tax Appeal. Power under Section 255(3) of Income Tax Act is Administrative and Not Subject to Prior Hearing or Natural Justice.

The petitioner, M/s Jagati Publications Ltd., a public limited company publishing a Telugu newspaper, filed a writ petition in the Bombay High Court c...

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High Court Dismisses Second Appeal in Civil Land Dispute Due to Absence of Substantial Question of Law. Appellate Court's Factual Findings on Possession and Evidence Appreciation Upheld as Not Perverse Under Section 100 of Code of Civil Procedure, 1908.

The dispute concerned agricultural land in Survey No.517 at village Chitroda, where the appellants (original plaintiffs) sought permanent injunction a...

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Bombay High Court Dismisses Second Appeal in Partition Suit — Concurrent Findings of Fact Not Disturbed Under Section 100 CPC. Court holds that no substantial question of law arises when courts below have concurrently found that suit property is joint family property and plaintiff is entitled to share.

The present second appeal was filed by the original defendants No.2 to 4 against the judgment and decree passed by the District Judge, Latur, in Regul...

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Bombay High Court Allows Writ Petitions of Cooperative Housing Society Challenging Orders of Cooperative Authorities. Bylaws of Society Held Binding Under Maharashtra Cooperative Societies Act, 1960.

The petitioner, Shantiniketan Cooperative Housing Society Ltd., a registered cooperative housing society under the Maharashtra Cooperative Societies A...

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Bombay High Court Allows Writ Petition Against AICTE for Denial of Approval to Technical College Despite Earlier Directions. Court holds that AICTE cannot refuse approval based on deficiencies not communicated in show cause notice and must comply with earlier judicial orders.

The petitioners, Akole Taluka Education Society and its Technical Campus, filed a writ petition challenging the refusal of the All India Council for T...

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Supreme Court Dismisses Section 11 Petition for Appointment of Arbitrator in International Commercial Arbitration Dispute. Holds that BSA governed by Benin law with foreign seat cannot be brought under Part I of Arbitration Act, and issue estoppel applies due to dismissal of anti-arbitration injunction.

The Supreme Court dismissed an arbitration petition filed by Balaji Steel Trade under Section 11(6) of the Arbitration and Conciliation Act, 1996, see...

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Supreme Court Upholds High Court Judgments on Creamy Layer Determination for OBC Reservation in Civil Services. Inclusion of Salary Income for PSU Employees Under Category II(C) of Office Memorandum Dated 08.09.1993 Found Discriminatory and Set Aside Due to Violation of Article 14.

The Supreme Court dealt with three consolidated civil appeals arising from separate High Court judgments concerning the determination of creamy layer ...

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Bombay High Court Restrains Invocation of Performance Guarantee in Arbitration Dispute — Finds Prima Facie Case of Fraud and Irretrievable Injustice. Section 9 of Arbitration and Conciliation Act, 1996 invoked to protect petitioner's interests pending arbitration.

The petitioner, Larsen & Toubro Limited (L&T), filed an arbitration petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking in...