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Bombay High Court Dismisses Review Petition in Arbitration Matter — No Provision for Review Under Arbitration and Conciliation Act, 1996. Review petition under Section 114 CPC held not maintainable against order under Sections 27(1) and 27(2) of the Act.

The review petitioner, National Insurance Company Limited, filed a review petition under Section 114 of the Code of Civil Procedure, 1908 seeking reca...

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Bombay High Court Acquits Accused in POCSO and Rape Case Due to Inconsistent Evidence and Age Discrepancy. Conviction under Sections 3(a), 5(j)(ii), 5(l) of POCSO Act and Sections 376, 417 IPC set aside as prosecutrix's age not proven beyond reasonable doubt and relationship was consensual.

The appellant, Kundan Pendor, was convicted by the trial court under Sections 3(a), 5(j)(ii), and 5(l) of the Protection of Children from Sexual Offen...

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NCLAT Allows Appeal Against Admission of CIRP Due to Discharge of Debt Through One-Time Settlement. Financial Debt Found to Be Fully Satisfied Prior to Filing of Section 7 Application Under Insolvency and Bankruptcy Code, 2016.

The present appeal was filed under Section 61 of the Insolvency and Bankruptcy Code, 2016 (IBC) by Mr. Puneet Resutra, the erstwhile Director and Shar...

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High Court Dismisses Revision Application in Possession Dispute - Applicant Challenge to Decree Under Section 6 of Specific Relief Act Fails - Trial Court's Order Restoring Possession Upheld

The High Court dismissed the Civil Revision Application filed by the Applicant-Defendant challenging the Trial Court's decree in Special Civil Suit No...

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High Court of Karnataka Dismisses Regular First Appeal in Suit for Declaration and Injunction — Concurrent Findings of Fact Not Disturbed. Appeal fails as appellants failed to prove title and possession over suit property, and no substantial question of law arose.

The case involves a Regular First Appeal filed under Section 96 of the Code of Civil Procedure, 1908, against the judgment and decree dated 30.06.2015...

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Bombay High Court Dismisses Appeal of Headmaster Challenging Termination — Termination Upheld Despite Interim Orders Allowing Continued Service. Enquiry Committee Validly Constituted and School Tribunal Exceeded Jurisdiction in Reappreciating Evidence.

The appellant, Dadarao Lakkhuji Dambhare, was a Headmaster employed by respondent no.1, Rashtraseva Samaj, a registered public trust. He was terminate...

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Bombay High Court Dismisses Arbitration Petition for Appointment of Arbitrator in Family Property Dispute — No Arbitration Agreement Exists Between Parties. Will Clause Cannot Substitute Arbitration Agreement Under Section 7 of Arbitration and Conciliation Act, 1996.

The petitioner, Mrs. Padmini Chandran Menon, filed an Arbitration Petition under Section 11 of the Arbitration and Conciliation Act, 1996, seeking app...

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Bombay High Court Allows Official Liquidator's Report in Winding Up of Transpower Engineering Ltd. — Holds Sale by Liquidator is Formal Transfer Not Subject to Differential Premium. Court exercises powers under Section 446(2) of Companies Act, 1956 to waive extension charges claimed by MIDC.

The Official Liquidator filed a report seeking directions regarding the sale of two industrial plots allotted by MIDC to Transpower Engineering Ltd. (...

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Bombay High Court Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Lack of Income Proof and Applies Multiplier of 16 Instead of 17. Deceased's income assessed notionally at Rs. 4,000 per month for a 32-year-old helper with no documentary evidence of salary.

The case arises from a motor accident claim petition filed by the legal heirs of Pandharinath Rathod, who died in a road accident on 26 March 2009. Th...