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Bombay High Court Allows Writ Petition Challenging Land Acquisition for Irrigation Project — Acquisition Proceedings Quashed for Non-Compliance with Section 11A of Land Acquisition Act, 1894. Failure to Make Award Within Two Years from Declaration Under Section 6 Renders Proceedings Lapsed.

The petitioner, Smt. Nilima Mahesh Bhole, filed a writ petition before the Bombay High Court (Aurangabad Bench) seeking quashment of land acquisition ...

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Supreme Court Upholds NCLAT Decision on Limitation in Insolvency Petition Initiated by Financial Creditor. Application Under Section 7 of Insolvency and Bankruptcy Code, 2016 Held Within Limitation After Excluding Time Spent in SARFAESI Proceedings Under Section 14(2) of Limitation Act, 1963.

The appeal arose from a judgment of the National Company Law Appellate Tribunal (NCLAT) dismissing an appeal against an order of the National Company ...

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Bombay High Court Holds Arbitral Tribunal Cannot Appoint Court Receiver Under Section 17 of Arbitration Act. Court Receiver is an Officer of the High Court Subject Only to Chief Justice's Supervision.

The Court Receiver, High Court, Bombay filed a Report seeking directions on whether the Registry should accept matters where an Arbitral Tribunal appo...

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Bombay High Court Modifies Labour Court Award in MSRTC Employee Back Wages Case — Full Back Wages Reduced to 50% Due to Employee's Laches and Delay in Prosecuting Remedy. Employee's removal under unconstitutional regulation did not automatically entitle full back wages; conduct and delay relevant.

The petitioner, Maharashtra State Road Transport Corporation (MSRTC), challenged the Labour Court's award dated 18/10/2008 in IDA Reference No. 4/2007...

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Bombay High Court Dismisses Review Petition in Arbitration Matter — No Error Apparent on Face of Record in Limitation Finding. Court holds that review jurisdiction under Section 114 CPC and Order 47 Rule 1 is limited to errors apparent on record, not re-appreciation of evidence.

The review petition was filed by Hindustan Construction Co. Ltd. (the original respondent no.1 in Arbitration Appeal No. 6 of 2007) seeking review of ...

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Supreme Court Allows Insurer's Appeal in Insurance Claim Dispute Over Depreciation Rate for Fire-Damaged Machinery. Court Holds That Insured's Failure to Reinstate Damaged Property Within Extended Time Renders Reinstatement Value Clause Inoperative, Entitling Only Market Value on Depreciation Basis.

The dispute arose from a fire accident on 12.12.1998 that destroyed the '20 Hi Cold Rolling Mill' of the insured, M/s Bhushan Steel and Strips Ltd (la...

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High Court of Bombay Decides Surviving Issue on Interpretation of Government Notification in Land Reservation Dispute. The Court Examines Whether Lessee Entitled to Non-Cash Compensation Under 2004 Notification for Release of Reserved Land for Development.

The writ petition was filed by Mafatlal Industries Limited and its officer seeking directions to enforce a Government Notification dated 10-02-2004 th...

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Bombay High Court Dismisses Employer's Petition Challenging Industrial Court Order Granting Permanency to Workmen. Employer Failed to Prove Compliance with Section 25-F of Industrial Disputes Act, 1947, and Workmen Had Completed 240 Days of Service.

The petitioner, Raymond UCO Denim Private Ltd., challenged the order dated 1.1.2009 passed by the Industrial Court, Yavatmal in ULP Complaint No.27 of...