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Bombay High Court Allows Appeal in Arbitration Act Case — Upholds Appointment of Arbitrator Despite Alleged Non-Compliance with Pre-Arbitration Steps. Section 11(6) of the Arbitration and Conciliation Act, 1996 invoked where respondent failed to appoint arbitrator within 30 days of notice.

The appellant, a company incorporated under the Companies Act, 1956, and the respondent, a multi-state co-operative society constituted under the Mult...

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Encroachment on B-Kharab Land: Key Judgment Every Property Owner Must Know.

The writ petitions were filed challenging action of BBMP alleging construction over a storm water drain and seeking protection from demolition –...

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Supreme Court Dismisses Appeal to Enforce English Summary Judgment in Guarantee Dispute — Foreign Judgment Held Unenforceable for Violating Principles of Natural Justice Under Section 13 CPC. Summary judgment passed after denying leave to defend is not conclusive and cannot be enforced in India.

The dispute arose from a Share Purchase and Co-operation Agreement (SPCA) executed on 12.05.1995 between (appellant, a foreign company) and (responden...

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"Supreme Court Affirms Need for Minority Establishment in AMU’s Minority Status Dispute" AMU’s Minority Status Under Scrutiny: Establishment by Legislature Versus Minority Founding Rights

The Supreme Court judgment in Aligarh Muslim University v. Naresh Agarwal & Ors. primarily deals with the issue of minority rights in education, f...

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Bombay High Court Quashes FIR in 31-Year-Old Rape Case Due to Consensual Relationship and Inordinate Delay. Relationship of 31 years with no complaint held to be consensual; FIR filed only after relationship soured, amounting to abuse of process of law under Section 482 Cr.P.C.

The Bombay High Court quashed FIR No. 303/2018 registered against the applicant, Lalchand Sirumal Bhojwani, under Sections 376, 420, and 506 of the In...

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High Court of Karnataka Dismisses Petitions Challenging SARFAESI Sale Notice by Cooperative Bank — Alternative Remedy Under Section 17 Available. Cooperative Bank is a 'Bank' Under Section 2(c) of SARFAESI Act, 2002, and Can Initiate Proceedings Under the Act.

The judgment pertains to two writ petitions filed by Sri N Ravindranath Kamath and another petitioner challenging the sale notice dated 19.01.2021 iss...

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Bombay High Court Dismisses Petitions of Daily Wage Cleaners in MSRTC Due to 20-Year Delay in Raising Industrial Dispute. Unexplained Delay of Two Decades Renders Dispute Stale Under Section 2A of Industrial Disputes Act, 1947, Affirming Labour Court's Rejection of References.

The petitioners, three daily wage cleaners employed by the Maharashtra State Road Transport Corporation (MSRTC), were appointed on a daily wage basis ...