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Bombay High Court Allows Appeal in Arbitration Act Case — Upholds Appointment of Arbitrator Despite Alleged Non-Compliance with Pre-Arbitration Steps. Section 11(6) of the Arbitration and Conciliation Act, 1996 invoked where respondent failed to appoint arbitrator within 30 days of notice.

The appellant, a company incorporated under the Companies Act, 1956, and the respondent, a multi-state co-operative society constituted under the Mult...

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Jurisdictional Limits on State Interference in Land Rights: State of West Bengal v. Jai Hind Pvt. Ltd., Civil Appeal No. 7407 of 2012

The case arose from a dispute involving land/tenancy rights and administrative interference by State authorities in West Bengal. The High Court had se...

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Bombay High Court Allows Section 9 and 11 Petitions in License Termination Dispute with Airports Authority of India. Disputes Over Termination of License to Occupy Airport Premises Held Arbitrable Despite Public Premises Act.

The Bombay High Court dealt with three connected proceedings: two petitions under Section 9 of the Arbitration and Conciliation Act, 1996, and one app...

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Presidential Reference Made to Supreme Court Seeks Advisory Opinion on Telecom Licences and Spectrum Allocation Policies. Reference Under Article 143(1) Recites Historical Grant of Licences from 1994 to 2008 Including First-Come-First-Served and Revenue Share Regimes.

Background: The President of India made a reference under Article 143(1) of the Constitution on 12.04.2012, seeking the advisory opinion of the Suprem...

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Gujarat High Court Quashes Collector's Order in Land Ceiling Case for Violation of Natural Justice and Limitation. Revision Application under Section 89A of Gujarat Tenancy and Agricultural Lands Act, 1958 held time-barred and without proper notice.

The petitioner, M/S Anchor Daewoo Industries Ltd, filed a Special Civil Application under Article 226 of the Constitution of India challenging two ord...

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Bombay High Court Dismisses Appeal in Summary Suit — Defendant's Vague Defence of Security Cheques Not a Triable Issue. The court upheld the decree for Rs.61,00,000/- with interest under Order 37 CPC, as the defendant failed to disclose a plausible defence.

The respondent/plaintiff, Pravin Hiralal Shah, filed a summary suit against the appellant/defendant, Rajesh Laxmichand Udeshi @Bhatia, for recovery of...

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Bombay High Court Upholds Eviction of Multinational Company in Rent Control Case. Section 3(1)(b) of Maharashtra Rent Control Act, 1999 exempts premises let to multinational companies from protection of the Act, and concurrent findings of fact are not interfered with under Section 115 CPC.

The applicant, Eloff Hansson (India) Pvt. Ltd., was a tenant in office premises in Mumbai. The respondents, landlords, terminated the tenancy in 1993 ...