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Bombay High Court Quashes Detention Order in COFEPOSA Case Due to Non-Application of Mind — Detenu's Retracted Statement Not Considered. Preventive Detention Order Under Section 3(1) of COFEPOSA Set Aside as Detaining Authority Failed to Consider Retraction of Confession.

The petitioner, wife of the detenu Iqbal Yusuf Suleman, challenged the detention order dated 20.4.2004 passed by the detaining authority under Section...

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Bombay High Court Dismisses Petition by Employer in Service Matter Due to Unproven Misconduct. Concurrent findings of fact that misconduct was not proved and dismissal was unjustified were upheld, entitling employee to reinstatement with back wages.

The petitioner, Maharashtra State Road Transport Corporation, challenged the concurrent findings of the Labour Court and Industrial Court which held t...

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Bombay High Court Dismisses Appeal Against Temporary Injunction in Specific Performance Suit Based on Oral Agreement for Sale. Agreement to Sell Need Not Be in Writing If Followed by Part Performance Under Section 53A of Transfer of Property Act, 1882.

The present appeal arises from an order dated 6/11/2004 passed by the Joint Civil Judge, Senior Division, Nagpur in Special Civil Suit No. 201/2004, g...

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Bombay High Court Partially Allows State and Claimant Appeals in Land Acquisition Compensation Case — Market Value Determined at Rs. 30 per sq.m. with 30% Deduction for Development. Court applies belting method and deducts development cost for large land parcel acquired for Nhava-Sheva water supply.

The case involves two appeals arising from the same award dated 30th September 1989 passed by the Civil Judge, Senior Division, Raigad at Alibag in La...

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Bombay High Court Allows Appeals Under Section 37 of Arbitration Act, Restoring Arbitral Award in Shareholder Dispute. Court Holds That Single Judge Exceeded Jurisdiction Under Section 34 by Reappreciating Evidence and Substituting His Own View.

The case involves two appeals under Section 37 of the Arbitration and Conciliation Act, 1996, filed by M/s. Goldstar Metal Solutions Pvt. Ltd. and M/s...

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Bombay High Court Allows Writ Petition of Visually Impaired Peon Against Termination Due to 100% Disability. Holds That 40% Minimum Disability Requirement Under Advertisement Cannot Override Statutory Provisions of Persons with Disabilities Act, 1995.

The petitioner, Patel Suleman Gaibi, who is 100% visually disabled, applied for the post of peon in the Irrigation Department of the State of Maharash...