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Bombay High Court Dismisses Applications to Recall Consent Terms and Set Aside Consent Decrees in Property Disputes Between Family Members. Court Holds That Consent Terms Recorded by Counsel Are Binding on Parties and Cannot Be Challenged on Grounds of Fraud Without Proper Pleadings and Evidence.

The judgment pertains to two Notice of Motions filed by the defendants in two separate suits seeking recall and setting aside of consent terms and con...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Loan Dispute — Upholds Award of Rs.51 Crores with Interest. Facility Agreement and Guarantee Enforced; No Grounds for Interference Under Section 34 of Arbitration and Conciliation Act, 1996.

The petitioners, Reid & Taylor (I) Limited, S.Kumars Nationwide Ltd., and Nitin S. Kasliwal, filed a petition under Section 34 of the Arbitration and ...

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Bombay High Court Quashes Detention Order Under COFEPOSA Act for Non-Application of Mind — Detenu's Retraction of Statement Not Considered by Detaining Authority

The petitioner, son of the detenu Balwinder Singh, filed a writ petition under Article 226 of the Constitution of India challenging a detention order ...

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Bombay High Court Quashes Preventive Detention Orders for Lack of Proximity Between Alleged Acts and Public Order. Detention under Maharashtra Prevention of Dangerous Activities Act, 1981 fails as alleged criminal acts do not affect public order but merely law and order.

The case involves three criminal writ petitions filed by Sayyed Muddasir Hussain and Sayyed Izaj Hussain challenging their preventive detention orders...

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Bombay High Court Dismisses Petition Challenging Ex-Parte Arbitral Award in Loan Recovery Dispute. Court holds that non-participation in arbitration despite notice and failure to prove fraud or bias does not warrant setting aside award under Section 34 of Arbitration and Conciliation Act, 1996.

The petitioners, The Loot (India) Pvt. Ltd. and its directors, were borrowers and guarantors who had taken a loan from Reliance Capital Limited (the f...

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Bombay High Court Allows Petition by Port Trust Against Sub-Tenant — Eviction Order Restored Under Public Premises Act. Sub-tenant cannot claim protection under Mumbai Municipal Corporation Act as premises are governed by the Public Premises (Eviction of Unauthorised Occupants) Act, 1971.

The petitioner, the Board of Trustees of the Port of Mumbai (a statutory corporation), filed a writ petition challenging an order of the City Civil Co...

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High Court Allows Compensation Appeal Under Employees' Compensation Act -- Temporary Driver Hiring Establishes Employer-Employee Relationship -- Labour Commissioner's Order Reversed

The High Court allowed an appeal challenging the Labour Commissioner's rejection of a compensation claim under the Employees' Compensation Act, 1923. ...