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Bombay High Court Dismisses Third Party Claim in Execution Proceedings — ING Bank N.V. Fails to Prove Ownership of Attached Flat. Claim under Section 47 CPC and Order XXI Rules 58 and 64 rejected as bank did not establish that the flat was not owned by judgment debtor.

The case involves a Chamber Summons taken out by ING Bank N.V., a third party, under Section 47 read with Order XXI Rules 58 and 64 of the Code of Civ...

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Bombay High Court Dismisses Appeals in PFA Supply Dispute, Upholds Arbitral Award. Findings of fact by arbitral tribunal are not open to reappraisal in appeal under Section 37 of Arbitration and Conciliation Act, 1996 unless perverse or contrary to public policy.

The case arises from an agreement dated 4 October 2000 between Maharashtra State Electricity Board (MSEB) and Dirk India Private Limited (DIPL) for th...

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Bombay High Court Allows Writ Petition of Teacher Against School Tribunal's Order Holding No Jurisdiction Over Unaided School Teachers. School Tribunal Has Jurisdiction Under Section 9 of MEPS Act to Entertain Appeals by Teachers of Unaided Schools Not Receiving Government Aid.

The petitioner, a teacher at an unaided school not receiving any aid or grants from the government, filed an appeal before the Additional School Tribu...

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Bombay High Court Allows Head Master's Petition Against Reduction in Rank Without Enquiry. Management's Order of Reduction in Rank Set Aside for Violation of Natural Justice and Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977.

The petitioner, Raghunath Bapu Nangare, was appointed as an Assistant Teacher at Bhadole High School on 31 May 1993, effective from 1 June 1993, and h...

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Bombay High Court Partially Upholds Arbitral Award in Railway Contract Dispute — Interest Rate Reduced from 18% to 9%. The court held that the arbitrator's award did not violate public policy but reduced the interest rate as excessive under Section 34 of the Arbitration and Conciliation Act, 1996.

The petitioner, Union of India, challenged an arbitral award dated 8 October 2010 under Section 34 of the Arbitration and Conciliation Act, 1996. The ...

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Bombay High Court Quashes Detention Order Under COFEPOSA Due to Unexplained Delay and Non-Application of Mind. Preventive detention order set aside as detaining authority failed to consider vital documents and exhibited casual approach.

The petitioner, brother of the detenu Siraz Mohammed Sayyed, challenged a detention order dated 10 July 2015 passed under Sections 3(1)(ii) and 3(1)(i...

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Bombay High Court Allows Enforcement of Foreign Arbitral Award in Favour of Decree-Holder Against Judgment-Debtors. Court Rejects Objections Under Section 48 of Arbitration and Conciliation Act, 1996 Including Public Policy, Non-Arbitrability, Fraud, Limitation, and Res Judicata.

The applicant, Integrated Sales Services Limited, a Hong Kong-based company, obtained a foreign arbitral award dated 28 March 2010 from an Internation...