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Arbitration Award Upheld on Waste Collection Contract Dispute. High Court Upholds Arbitral Award on Price Escalation, Waste Segregation, and Jurisdiction in Municipal Waste Management Contract

Arbitration Jurisdiction – The High Court held that the arbitration clause in the original contract covered the Ghansoli Area, which was later merg...

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Limitation Act, 1963 – Article 113 – Right to sue accrued when the default in payments occurred – Declaration as a defaulter does not extend limitation period – Suit for recovery of membership dues held time-barred.

a. Cause of action arose when the default in payment occurred, not when the respondents were declared defaulters.b. Suit filed beyond three years from...

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High Court of Bombay Dismisses Writ Petitions Challenging Cooperative Court’s Order on Guarantor Liability and Limitation. Court Upholds Cooperative Court’s Decision on Guarantor Liability Under Maharashtra Cooperative Societies Act, 1960 – Limitation Period Under Section 92(1) Applicable

Jurisdiction of Cooperative Court: Under Section 91(1)(d) of the MCSA, a dispute against sureties and nominal members of a cooperative society is main...

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Bombay High Court Dismissed Writ Petition Due to Delay and Laches in Seeking Reinstatement of Employment. Court Held That Stale and Time-Barred Claims Cannot Be Revived by Repeated Representations

Constitution of India, Article 226 — Writ of Mandamus — Dismissed — Claim for Reinstatement After 27 Years — Petitioner’s Delay and Laches i...

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High Court of Bombay Dismisses Interim Application, Holds Limitation and Due Diligence as Key Issues in Share Recovery Suit. Summary Judgment Denied in Share Dispute Due to Limitation and Need for Oral Evidence

Summary Judgment under Order XIII-A of the CPC: The Court held that a summary judgment can only be granted if the Defendant has no real prospect of d...

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High Court Quashes Income Tax Assessment Order for Violation of Natural Justice and Mandatory Procedures under Section 144B of the Income Tax Act, 1961. Court Emphasizes Adherence to Faceless Assessment Procedures and Audi Alteram Partem Principle in Tax Reassessment Cases

Reassessment Beyond 4 Years: Reassessment under Section 147 of the IT Act cannot be initiated beyond the 4-year period unless there is evidence of fai...

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Bombay High Court Quashes Orders Rejecting Regularization of Compassionate Appointments Due to Delay. Failure of the Employer to Inform and Assist in Filing Compassionate Appointment Applications Cannot Be Held Against the Applicants – Orders Quashed

Employer's failure to fulfill its duty to inform and assist bereaved families in submitting applications within limitation cannot be held against the ...

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Supreme Court of India – Civil Appellate Jurisdiction – Consumer Protection Act, 2019 – Limitation Period – Continuing Cause of Action – Error on Face of Record – Substantive Right Over Procedural Technicality – NCDRC Order Quashed and Set Aside.

Consumer Protection Act, 2019 – Section 67 – Limitation Period to File Complaint – Continuing Cause of Action Upheld – NCDRC's Dismissal on Li...

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Reopening of Assessment Beyond Four Years Held Illegal Without Fresh Tangible Material. Reassessment Under Section 147 of Income Tax Act, 1961 Quashed Due to Lack of Jurisdiction and Change of Opinion

The Bombay High Court quashed the notice dated 27 March 2021 under Section 148 and the assessment order dated 29 March 2022, holding that: The reopen...