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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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Gujarat High Court Quashes Eviction Order Against Ashram in Land Encroachment Case — Proceedings Vitiated for Violation of Natural Justice. City Mamlatdar's Order Under Section 61 of the Gujarat Land Revenue Code, 1879 Set Aside as Show-Cause Notice Not Served and No Opportunity of Hearing Given.

The petitioner, Sant Shri Asharam Ashram through its authorized signatory Rajeshkumar Shadilal Bharti, filed a writ petition under Article 226 of the ...

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High Court of Karnataka Quashes BBMP Eviction Notice Against Market Vendors for Violation of Natural Justice. Notice Issued Without Hearing Licensees and Without Considering Their Representations Held Illegal.

The petitioners, nine individuals who were licensees of shops in the BBMP Gandhi Bazar Market in Bengaluru, filed a writ petition under Articles 226 a...

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Bombay High Court Allows Writ Petition Against Municipal Corporation's Demand for NOC, Property UID, and Tax Bill for Trade License Renewal. Court holds that renewal of a trade license cannot be conditioned on production of documents not required under the Mumbai Municipal Corporation Act, 1888.

The petitioner, M/s. Venus Rubber Works, a registered partnership firm since 1959, became a sub-tenant of a shop in 1969 and has been carrying on busi...

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Supreme Court Dismisses Union of India's Appeal in Land Grabbing Case Due to Application of Res Judicata. Prior Civil Court Decree Conclusively Determined Title and Possession, Barring Re-litigation Under Section 8 of Andhra Pradesh Land Grabbing (Prohibition) Act, 1982.

The dispute originated from an application filed by the legal heirs of S.V. Srinivasulu Naidu under Section 8 of the Andhra Pradesh Land Grabbing (Pro...

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Supreme Court Allows State Appeal in Leasehold Conversion Case: Conversion Charges Payable at Rate Prevalent on Date of Decision, Not Application. The Court held that an applicant must comply with policy conditions and no vested right arises on mere application under the Government Grants Act, 1895.

The State of Odisha appealed against a High Court judgment directing computation of conversion charges for leasehold to freehold at rates prevalent on...

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Bombay High Court Dismisses Tenant's Challenge to Amendment of Plaint in Rent Control Suit — Amendment Allowed as Necessary for Adjudication of Real Controversy Between Parties

The petitioner, Dinesh G. Chhabra, a tenant, challenged an order dated 21.3.2014 passed by the learned Second Additional Judge, Small Causes Court, Na...

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Bombay High Court Dismisses Petitioners' Challenge to Mutation Entry Based on Will in Land Revenue Case — Civil Court Decree Binding on Revenue Authorities. Mutation Entry Does Not Confer Title and Writ Jurisdiction Under Article 227 Cannot Be Used to Reappreciate Evidence.

The petitioners, Amrutrao Shankarrao Deshmukh and Dhananjay Amrutrao Deshmukh, filed a writ petition under Article 227 of the Constitution of India ch...

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Bombay High Court Dismisses Petition Challenging Substitution of Assignee in Pending DRT Proceedings Under SARFAESI Act. Assignment of debt under Section 5 of SARFAESI Act entitles assignee to continue pending recovery proceedings without fresh filing, and amendment of cause title is permissible.

The petitioner, Alpha and Omega Diagnostics India Ltd., challenged a common order of the Debt Recovery Appellate Tribunal (DRAT) which upheld the orde...