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Bombay High Court Allows Petition for Interest on Delayed Retiral Benefits to Exonerated Employee — Rule 55A(7) of Pension Rules, 1953 Deems Payment Due from Retirement Date, Not Exoneration Date, and Interest Is Payable Without Proving Administrative Lapse.

The petitioner, Narayan Pundalik Pathade, a retired employee of the Municipal Corporation of Greater Mumbai (MCGM), filed a writ petition under Articl...

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Bombay High Court Dismisses Appeal Against Injunction in Specific Performance Suit — Balance of Convenience Favors Plaintiff. Trial Court's Order Restraining Defendant from Creating Third Party Interest Upheld as Plaintiff Established Prima Facie Case and Irreparable Loss.

The appellant, Smt. Manisha Kode, challenged an order dated 24.01.2023 passed by the Civil Judge Senior Division, Aurangabad in Special Civil Suit No....

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Bombay High Court Holds Section 143-A of Negotiable Instruments Act Directory — Interim Compensation Requires Recording of Reasons. Court clarifies that Section 143-A is not mandatory and reasons must be recorded for quantum under Section 143-A(2).

The judgment arises from two criminal writ petitions filed by Ashwin Ashokrao Karokar (accused) against Laxmikant Govind Joshi (complainant) under the...

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Bombay High Court Allows Writ Petition Challenging Arbitrary Cancellation of Tender Award. State Warehousing Corporation's Cancellation of Contract Without Reasons or Hearing Held Unreasonable.

The petitioner, M/s Bhagwati Builders, a proprietary concern of Vijay Agrawal, participated in a tender issued by Respondent No.1, Maharashtra State W...

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Bombay High Court Dismisses Appeal Against Refusal to Refer Dispute to Arbitration in Summary Suit for Recovery of Price of Goods Sold. Arbitration Clause in Clearing and Forwarding Agency Agreement Not Attracted as Dispute Arose from Independent Sale Transactions, Not from the Agreement.

The appellant-defendant, T.A.I. Pharma Ltd., entered into a Clearing and Forwarding Agency Agreement dated 1st January 2007 with the respondent-plaint...

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Bombay High Court Allows Appeal in Property Dispute — Sets Aside Decree for Specific Performance. Plaintiff Failed to Prove Readiness and Willingness Under Section 16(c) of Specific Relief Act, 1963.

The appellant, Mrs. Kiran Nashine, filed two appeals against the judgment and decree dated 30.09.2009 passed by the Joint Civil Judge, Senior Division...