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Bombay High Court Considers Maintainability of Section 34 Petition Against Foreign Award; Preliminary Objection Raised Pending Determination. Arbitration Agreement Existence and Enforcement of Foreign Award Under Part II Also Examined.

The dispute arose from a voyage charter party dated 13 September 2008 between Aurelia Reederei Eugen Friederich GmbH Schiffahrtsgesellschaft & Company...

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Bombay High Court Dismisses Writ Petition Challenging Eviction of Unauthorized Occupants from Municipal Land. Petitioners Failed to Establish Legal Right to Occupy Public Property.

The petitioners, an unregistered society and several individuals, filed a writ petition challenging their eviction from land owned by the Pune Municip...

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Bombay High Court Grants Anticipatory Bail to Corporator Accused of Extortion Using RTI Information. Prima Facie Case Not Made Out for Custodial Interrogation Under Section 438 CrPC.

The applicant, Dhananjay Vitthal Gawade, a sitting corporator of Vasai-Virar Municipal Corporation and an RTI activist, filed multiple anticipatory ba...

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High Court of Bombay Hears Appeal Against Conviction Under Section 120B r/w 302 IPC. Conviction Stemmed from Alleged Conspiracy to Murder Inder Bhatija by Accused No.1 and Others.

The appeal arose from the conviction and sentence of accused No.1 Pappu @ Suresh Budharmal Kalani by the Additional Sessions Judge, Kalyan in Sessions...

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Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence of Deceased. Deceased motorcyclist without helmet and license contributed to accident, reducing insurer's liability under Motor Vehicles Act, 1988.

The present appeal was filed by the Insurance Company (United India Insurance Company Limited) challenging the judgment and award dated 12th February ...

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Bombay High Court Allows Appeals in Specific Performance Suit — Agreement to Sell Not Proved, but Alternative Relief of Damages Granted. Court holds that failure to prove agreement does not bar claim for earnest money refund under Section 22 of Specific Relief Act, 1963.

The appellant, an architect, filed three suits for specific performance of agreements to sell immovable property against Gustavo Pinto and Lucio Miran...

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Bombay High Court Dismisses Appeal in Specific Performance Suit — Agreement to Sell Not Proved and Suit Barred by Limitation. Plaintiff failed to prove execution of agreement and suit was filed beyond three years from notice of refusal under Article 54 of Limitation Act, 1963.

The appellant, Sandeep Kashinath Parab, filed a suit for specific performance of an agreement to sell dated 15/06/1998 allegedly executed by the respo...