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NOTICE OF MOTION NO. 2486 OF 2005

The suit was filed by shareholders of Spice Jet Ltd, a domestic airline company formerly known as Modi Luft, which had undergone several ownership cha...

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Bombay High Court Dismisses Appeal of Trust Secretary Challenging Removal Under Maharashtra Public Trust Act. Unauthorized Advances and Breach of Charity Commissioner's Directions Justify Permanent Removal Under Section 41D(1)(b) and (c) of Maharashtra Public Trust Act, 1950.

The appellant, Abdul Hamid Sheikh Mohammad, was the elected Secretary of Peoples Education Society, Amravati (the trust), which runs National Urdu Gir...

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Bombay High Court Hears Petition to Set Aside Arbitral Award in Redevelopment Dispute; Developer Challenges Directions to Amend Building Plans and Pay Compensation. Court's Decision Awaited.

The dispute pertained to redevelopment of a cooperative housing society's property. The respondent society, owner of a plot in Andheri, Mumbai, appoin...

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Supreme Court Adjudicates Appeal Against High Court's Order Setting Aside Arbitral Award Under Section 37 of Arbitration and Conciliation Act, 1996. Dispute Involves Interpretation of Contractual Notice Requirement as Condition Precedent and Applicability of Waiver and Estoppel in EPC Contract.

The dispute arose from multiple Engineering, Procurement, and Construction (EPC) agreements between SEPCO Electric Power Construction Corporation (con...

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High Court of Bombay at Goa Quashes FIR in Property Fraud Case Due to Civil Nature of Dispute. Allegations of Cheating Under Section 420 IPC Found to Be Commercial Transactions with Pending Arbitration, Not Criminal Offences.

The petitioners, Jeremias D'Souza and Collette D'Souza, filed a criminal writ petition under Section 482 of the Code of Criminal Procedure, 1973, seek...

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Bombay High Court Examines Insurer's Defense in Motor Accident Compensation Case Based on Incompatible Driving License. Insurer Relies on Section 149(2)(a)(ii) of Motor Vehicles Act, 1988, Arguing Driver's Light Motor Vehicle License Was Invalid for Heavy Goods Vehicle Involved.

The appeal arose from a motor accident claim in which the parents of a seven-year-old girl, who died after being hit by a truck while returning from s...

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Bombay High Court Upholds Specific Performance of Development Agreement in Favor of Purchasers. Agreement for Development Treated as Agreement for Sale Under Specific Relief Act, 1963 as Essential Terms Constitute Sale of Immovable Property.

The appellants, original defendants, were the owners of a property in Pune. They executed a development agreement dated 18th October 2007 in favor of ...

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Bombay High Court Adjudicates Enforcement of Foreign Arbitral Award in Joint Venture Dispute. Petition Seeks Enforcement Under Section 48 of Arbitration Act; Allegations Include Breach of JVA and Conflict of Interest.

The petitioner, an Italian company engaged in cable manufacturing, entered into a Joint Venture Agreement dated 19th January 2010 with the respondents...

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Supreme Court Clarifies Scope of Merger Control Disclosure Obligations and Limits of CCI's Powers After Approval. The Court Emphasizes That CCI's Authority Must Be Traced to the Act and That Disclosure Must Present the Transaction in Substance.

The case arises from an appeal under Section 53T of the Competition Act, 2002, filed by Amazon.com NV Investment Holdings LLC before the Supreme Court...