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Gujarat High Court Allows Land Acquisition Appeals Despite Limitation, Emphasizes Liberal Approach for Illiterate Claimants. The court held that delay in filing reference under Section 18 of the Land Acquisition Act, 1894 should be condoned when claimant is illiterate and not advised about limitation.

The present appeals arise from a common judgment of the Gujarat High Court concerning land acquisition matters. The appellant, Bhalabhai Fatabhai Khan...

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Supreme Court Quashes Further Investigation Order in Rape Case After Closure Report Acceptance -- Police Cannot Conduct Further Investigation Under Section 173(8) of CrPC Without Magistrate's Leave

The Supreme Court allowed an appeal challenging the High Court's refusal to quash police orders for further investigation in a rape case after a closu...

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High Court of Karnataka Allows Writ Petition for Refund of Seigniorage Fee Paid Under Protest for Felled Trees on Granted Land. Payment under protest does not attract limitation and refund cannot be denied on unjust enrichment when payment was made under compulsion.

The petitioner, N Mahabaleshwar Bhat (since deceased, represented by his legal heir Smt. Gayathry), filed a writ petition under Articles 226 and 227 o...

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Supreme Court Allows Appeals in Arbitration Appointment Dispute — Pre-Amendment Act Applies; No Claim Certificate Does Not Bar Arbitration; Mutually Agreed Procedure Must Be Respected

The Supreme Court heard a batch of appeals arising from orders of the Rajasthan High Court appointing independent arbitrators under Section 11(6) of t...

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Bombay High Court Dismisses Appeal Against Refusal to Injunction Bank Guarantees in Arbitration Dispute. Performance Guarantees Are Independent Contracts and Cannot Be Restrained Except in Case of Fraud or Irretrievable Injustice.

The appellant, M/s S. Satyanarayana & Co., a partnership firm, was awarded a contract by respondent no.1, M/s West Quay Multiport (Private Limited), f...

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Bombay High Court Allows Appointment of Arbitrator in Employment Dispute Despite Alleged Full and Final Settlement. Arbitration Clause Survives Termination of Contract and Dispute Regarding Settlement Must Be Decided by Arbitrator.

The applicant, Akshat Madan, filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of an arbitrator...

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Bombay High Court Dismisses State's Petition Challenging Tribunal Order Quashing Termination of Medical Officers. Termination of Probationer Medical Officers Set Aside for Violation of Natural Justice and Non-Compliance with Tribunal's Earlier Directions for Regularization.

The State of Maharashtra and others filed two writ petitions challenging an order of the Maharashtra Administrative Tribunal dated 19th January 2010. ...