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Bombay High Court Allows Appointment of Arbitrator in Railway Contract Dispute Under Section 11 of Arbitration and Conciliation Act, 1996. Failure of Respondent to Appoint Arbitrator Within 30 Days of Demand Triggers Court's Power to Appoint Arbitrator.

The applicant, M/s. Railtech Infraventure Pvt. Ltd., filed an application under Section 11 of the Arbitration and Conciliation Act, 1996 seeking appoi...

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Bombay High Court Dismisses Suit as Barred by Res Judicata and Limitation in Will Execution Dispute. Prior US Surrogate Court decree and delay in filing render suit not maintainable under Section 11 CPC and Limitation Act, 1963.

The suit was filed by Jaswinder Paul Batra, Brinder Batra, and Sunaina Batra (plaintiffs) against Neeru Batra, Baljit Singh, ING Vysya Bank Ltd., and ...

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Bombay High Court Upholds Termination of Probationer in Bureau of Indian Standards Case Due to Unsatisfactory Performance. Termination simplicitor of a probationer based on adverse confidential report and memo regarding false TA claim is not stigmatic when the order does not expressly record any stigma.

The petitioner, Rajesh Murlidhar Nikam, was appointed as Deputy Director (Administration and Finance) on probation for two years on 30th August 2012 b...

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Bombay High Court Dismisses Writ Petition of Dismissed Bus Conductor in Misappropriation Case. Labour Court's finding that punishment of dismissal was proportionate to misconduct of ticket irregularities upheld as not shockingly disproportionate.

The petitioner, Shivaji Daulat Dadar, was employed as a Bus Conductor with the Maharashtra State Road Transport Corporation (MSRTC) since 1989. On 13 ...

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Bombay High Court Dismisses Revision Applications in Rent Control Dispute — Licence vs. Lease Determination Under Bombay Rent Act, 1947. Agreement for use of shop premises held to be a lease, not a licence, based on exclusive possession and intention of parties.

The case involves two Civil Revision Applications filed by Messrs Miscellenary Marketers Pvt. Ltd. (defendants) against Messrs SunNSand Pvt. Ltd. (pla...

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Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Upholds Concurrent Findings of Trial and Appellate Courts. Agreement to Sell Dated 1st October 1974 Proved; Appellant as Subsequent Purchaser Not Protected Under Section 19(b) of Specific Relief Act, 1963.

The case involves a second appeal filed by Sadashiv Ramchandra Arve (original defendant no.3) against the judgment and decree dated 2nd December 1992 ...

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Bombay High Court Allows Section 11 Application for Appointment of Arbitrator in Insurance Dispute Despite Discharge Voucher. Dispute as to Quantum Under Fire Insurance Policy Referred to Arbitration Under Clause 13 of Standard Fire and Special Perils Policy.

The applicant, MIRC Electronics Ltd., filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of a so...

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Bombay High Court Grants Probate of Will in Testamentary Suit — Execution and Attestation Proved Despite Suspicious Circumstances. Handwriting Expert and Attesting Witness Evidence Accepted to Establish Validity of Will Under Section 63 of Indian Succession Act, 1925.

The suit was filed by Vibhushit Trivedi, the sole surviving executor, seeking probate of the last Will and testament of Chhotalal Karunashankar Trived...