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Bombay High Court Allows Appointment of Arbitrator Under Section 11(6) of Arbitration and Conciliation Act, 1996 Despite Prior Termination of Arbitral Mandate. Court Holds That Right to Seek Appointment Is Not Extinguished by Termination Where Dispute Remains Unresolved.

The applicant, M/s. Strongwell Construction Company, a partnership firm, filed an application under Section 11(6) of the Arbitration and Conciliation ...

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Bombay High Court Allows Section 28-A Application for Enhanced Compensation Based on High Court's Appellate Award Under Land Acquisition Act, 1894. Land owners covered by same notification can seek parity under Section 28-A even if reference court refused enhancement.

The petitioners, legal heirs of original land owners Shankarrao Pandoji Shendge and Bhagwan Pandoji Shendge, owned agricultural land in Mouza Ansing, ...

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High Court of Karnataka Quashes Temporary Injunction Restraining Gram Panchayat President in Election Dispute — Rule 14 of Karnataka Panchayath Raj (Election of Adhyaksha and Upadhyaksha of Gram Panchayath) Rules, 1995 Bars Civil Court from Granting Injunction in Election Matters.

The petitioner, Sri Malappa, was elected as President of Vatadahosahalli Gram Panchayat following elections held on 2 June 2015 under the Karnataka Pa...

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Bombay High Court Partially Allows Challenge to Arbitral Awards in Partnership Dissolution Dispute. Court upholds award on Grant Road firm but sets aside award on Colaba firm due to lack of reasons on counterclaim.

The petitioner, Zenobia Poonawala, filed two petitions under Section 34 of the Arbitration and Conciliation Act, 1996, challenging two arbitral awards...

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Bombay High Court Reviews Concurrent Rejection of Bye-Law Amendment Seeking to Cap Community Membership in Housing Society. Lower Authorities Held Proposed Clause Contradicts Open Membership Principle Under Sections 22 and 23 of Maharashtra Co-operative Societies Act.

The writ petition was filed by a tenant co-partnership housing society and its secretary, challenging the concurrent orders of the Deputy Registrar an...

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Bombay High Court Dismisses Wife's Appeal in Divorce Case on Grounds of Cruelty and Desertion. Wife's refusal to cohabit and emotional abandonment constituted mental cruelty and desertion under Section 13(1)(ia) and (ib) of Hindu Marriage Act, 1955.

The appellant-wife and respondent-husband were married on 26.01.2007 at Nagpur. The wife stayed with the husband only for a brief period from 26.01.20...

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High Court of Karnataka Kalaburagi Bench Hears Batch of Writ Petitions Challenging Amendments to Karnataka Agricultural Produce Marketing Act. Petitioners Seek Declaration that Deletion of 'Trader' from Section 72 and Insertion of Rule 76-A are Unconstitutional.

The present proceedings comprised a batch of writ petitions filed before the High Court of Karnataka, Kalaburagi Bench, under Articles 226 and 227 of ...

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Bombay High Court Allows Appointment of Neutral Arbitrator in Railway and Airport Authority Contracts — Unilateral Appointment Clause Invalid. Arbitration clause providing for appointment by General Manager or officer of the same entity violates Section 12(5) of Arbitration and Conciliation Act, 1996.

The judgment concerns three matters: two arbitration applications and one arbitration petition, all raising a common question about the validity of ar...