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Bombay High Court Dismisses Appeal Against Refusal of Anti-Arbitration Injunction in Facilitation Deed Dispute. Court Holds That Arbitral Tribunal Has Competence to Decide Validity of Underlying Agreement Under Section 45 of the Arbitration and Conciliation Act, 1996.

The appeal arises from a commercial dispute between MSM Satellite (Singapore) Pte Ltd. (Sony) and World Sport Group (Mauritius) Limited (WSG) concerni...

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Bombay High Court Dismisses Tenant's Petition Challenging Eviction Decree in Favor of Public Trust for Temple Construction. Concurrent findings of maintainability, authority of trustee, and bona fide need upheld under Maharashtra Rent Control Act, 1999.

The petitioners, tenants of a shop block admeasuring 700 sq. ft. belonging to respondent no.1 Public Trust, challenged concurrent eviction decrees pas...

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Bombay High Court Dismisses Petitioners' Challenge to Mutation Entry Based on Will in Land Revenue Case — Civil Court Decree Binding on Revenue Authorities. Mutation Entry Does Not Confer Title and Writ Jurisdiction Under Article 227 Cannot Be Used to Reappreciate Evidence.

The petitioners, Amrutrao Shankarrao Deshmukh and Dhananjay Amrutrao Deshmukh, filed a writ petition under Article 227 of the Constitution of India ch...

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Bombay High Court Dismisses Petitioner's Challenge to Sugar Commissioner's Refusal of Aerial Distance Certificate for New Sugar Factory. Court Upholds Commissioner's Decision Based on Non-Compliance with Minimum Distance Requirement Under Sugarcane Control Order, 1966.

The petitioner, Sangmeshwar Sugar Limited, a company registered under the Companies Act, 1956, sought to establish a new sugar factory at Sonegaon, Ya...

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Bombay High Court Sets Aside Arbitral Award in Favor of PepsiCo Due to Absence of Valid Arbitration Agreement. The Court Held That Without a Signed Contract Containing an Arbitration Clause, the Arbitrator Lacked Jurisdiction to Entertain the Claim.

The case involves a challenge by PepsiCo India Holding Pvt. Ltd. (Petitioner) against an arbitral award dated 7 January 2010 passed by a sole arbitrat...

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Bombay High Court Allows Appeal Against Recall of Commissioner Appointment in Commercial Suit — Coordinate Bench Cannot Recall Orders of Another Coordinate Bench Unless Per Incuriam. Order Appointing Commissioner Without Reasons Is Not Per Incuriam Under Order XVIII Rule 4 CPC.

The reference before the Division Bench arose from an order dated 4 July 2012 of a learned Single Judge (B.R. Gavai J.) in Suit No.550 of 2003. The su...

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Bombay High Court Upholds Setting Aside of Councillor's Election for Bribery Under Representation of the People Act. Payment of Rs.500 to a voter constitutes corrupt practice of bribery under Section 123(1) of the Representation of the People Act, 1951, and the election of the returned candidate is void.

The case arises from an election petition filed by Respondent No.1 (original petitioner) challenging the election of the petitioner (original responde...