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High Court of Bombay Hears Section 34 Petition Challenging Arbitral Award Regarding Liability for Defects in Gas Turbine Generators. Award Deals with Claims for Damages Due to Breakdown and Repair Costs Under a Turnkey Contract.

The dispute arises from a contract between Thermax Limited (Petitioner) and Rashtriya Chemicals & Fertilizers Ltd. (Respondent) for the turnkey instal...

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Bombay High Court Reserves Judgment in Multiparty Dispute Over Land Ownership and Compensation Under Inam Abolition Act. Privy Council Declaration of Inam Title and Forest Management Agreement Form Core of Dispute Over 157‑Acre Property Transferred to CIDCO Without Acquisition.

The dispute concerned a large parcel of land bearing Survey No. 51/0 at Ulwe, Raigad, originally granted in 1816. The Bivalkars claimed ownership thro...

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High Court of Judicature at Bombay Adjudicated Three Writ Petitions Involving Ownership and Compensation for Land at Village Ulwe. The Petitions Raised Issues Under the Inam Abolition Act, Land Acquisition Act, and the Indian Forest Act Regarding Vesting, Compensation, and Restoration of Possession.

The dispute arose from three writ petitions filed before the Bombay High Court concerning land bearing Survey No. 51/0 at village Ulwe, Taluka Panvel,...

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High Court of Karnataka Dismisses Appeal in Specific Performance Case — Ex-parte Decree Set Aside Due to Improper Service of Summons. First Appellate Court's Order Restored as Trial Court Failed to Comply with Order V Rule 17 CPC.

The appellant/plaintiff filed a suit for specific performance of contract (O.S.No.126/2007) alleging that the respondent/defendant executed an agreeme...

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Bombay High Court Quashes Rule 18 of Capital Value Rules for Exceeding Delegated Authority Under Mumbai Municipal Corporation Act, 1888. Commissioner's Power to Frame Rules Under Section 154(1B) Does Not Extend to Imposing Additional Tax Liability Beyond the Act's Framework.

The petitioners, Aegis Logistics Limited and another, filed a writ petition under Article 226 of the Constitution of India challenging Rule 18 of the ...

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High Court of Bombay at Goa Hears Challenge to Royalty Rules Under MMDR Act. Petitioners Argue Notification and Amended Rule 64D Exceed Section 9(3) Powers.

These writ petitions arose out of challenges by various mining leaseholders in Goa to the notification dated 13 August 2009, the amendment to Rule 64D...

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High Court of Bombay at Goa Quashes Order Allowing Additional Evidence in Criminal Appeal Under Section 482 CrPC — Failure to Satisfy Conditions of Order XLI Rule 27 CPC. Appellate Court Must Record Due Diligence and Necessity Before Permitting Additional Documents.

The petitioners, Smt. Theresa D'Souza and Smt. Thelma D'Souza, filed a criminal writ petition under Article 227 of the Constitution of India read with...

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Supreme Court Allows Appeal Against Review Order Deleting Possession Finding in Property Dispute. The High Court exceeded its review jurisdiction under Order 47 Rule 1 CPC by deleting a finding on possession based on non-framing of issue, which was not an error apparent on the face of the record.

The Supreme Court allowed an appeal against the High Court's order in a review petition that deleted a paragraph from its earlier judgment in a proper...

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KAHC010026042017_1

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Karnataka High Court Dismisses Writ Petition Challenging Lok Adalat Compromise Decree in Partition Suit: Third Party Not Permitted to Invoke Article 226 Against Lok Adalat Award. Writ Remedy Not Available to Strangers to Decree; Proper Recourse Is to File a Separate Suit for Declaration and Partition.

The writ petition was filed under Articles 226 and 227 of the Constitution of India by five individuals claiming to be members of the same family as t...