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Bombay High Court Dismisses Insurance Company's Challenge to Arbitral Award in Trust and Coverage Dispute. Majority Award Upheld as Not Patently Illegal Under Section 34 of the Arbitration and Conciliation Act, 1996.

The petitioner, The New India Insurance Company Limited, challenged an arbitral award dated 27 July 2009 passed by a three-member Arbitral Tribunal un...

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Bombay High Court Allows Mesne Profits Claim in Ownership Dispute Over Flat. Court holds that plaintiffs established ownership of suit flat and defendants are liable to pay mesne profits for illegal occupation.

The plaintiffs, Mrs. Tarla N. Morjaria, Mrs. Usha S. Somana, and Mrs. Bharati V. Tanna, filed a suit against the defendants, Mr. Bipin Hiralal Shah an...

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Bombay High Court Allows Writ Petitions Challenging Railway Auction of Unbooked Luggage Under Section 83 of Railways Act, 1989 — Auction of Unbooked Luggage Without Proper Notice and Valuation Held Illegal.

The petitioner, Sau. Nirmala w/o Vijaykumar Thakur, filed two writ petitions before the Bombay High Court, Aurangabad Bench, challenging the auction o...

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High Court of Karnataka Dismisses Appeal Against Preliminary Decree in Partition Suit — Appellant Fails to Appear or Argue. Court upholds trial court's finding that plaintiff and defendant Nos.2-4 are entitled to 1/4th share each in joint family properties under Hindu Succession Act, 1956.

The appellant, a defendant in a partition suit, filed a Regular First Appeal under Section 96 read with Order 41 Rule 1 of the Code of Civil Procedure...

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High Court of Karnataka Allows Revision Petition in Ejectment Suit — Measurement Dispute Remanded for Fresh Consideration. Landlord's claim that premises exceeded 14 sq.mtrs. under Section 2(3)(f) of Karnataka Rent Act, 1999 requires proper appreciation of evidence including tenant's admission.

The revision petition was filed by the landlords (Sandeep Chowhan and Leela Devi) against the judgment dated 24.03.2015 passed by the XXII Additional ...

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Bombay High Court Allows Auction Purchaser's Petition Against Octroi Demand on Customs-Auctioned Goods. The court held that octroi liability on goods already stored in a warehouse and auctioned by Customs falls on the municipal corporation, not the purchaser.

The petitioner, M/s. DK Enterprises, was the successful bidder in a public auction conducted by the Commissioner of Customs, Mumbai, on 24 October 200...

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Bombay High Court Dismisses Writ Petitions Against DRT Order in Debt Recovery Case — Bank Entitled to Recover Debt Under RDB Act. DRT Has Inherent Power to Reject Frivolous Counterclaim Without Recording Evidence, and High Court Should Not Interfere When Alternative Remedy of Appeal Exists.

The case involves two writ petitions arising from proceedings before the Debt Recovery Tribunal (DRT) under the Recovery of Debts Due to Banks and Fin...

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Bombay High Court Allows B.Ed. Admission Petitions Due to Non-Communication of Deficiency Notices. Admission Cancellation Set Aside as Candidates Were Not Given Opportunity to Rectify Deficiencies Under Relevant University Ordinances.

The judgment involves four writ petitions filed by students whose admissions to the B.Ed. course were cancelled by the respective colleges or universi...

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High Court of Karnataka Dismisses Appeal in Land Revenue Dispute — Upholds Deputy Commissioner's Order for Possession. Challenge to Revenue Entries and Possessory Rights Negatived as Appellants Failed to Establish Title or Valid Lease.

The case involves an intra-court appeal filed by M/S Neria Estates Rural Industries Association Pvt. Ltd. and its Managing Director against the State ...