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High Court

Bombay High Court Dismisses Petitions Challenging Consent Decree in Specific Performance Suit. Consent Decree Held Binding and Not Open to Challenge in Execution Proceedings Without Proper Pleading of Fraud.

21 Dec 2019

The judgment concerns two writ petitions filed by different parties challenging the execution of a consent decree passed in a suit for specific perfor...

High Court

Bombay High Court Dismisses Society's Challenge to Amendment of Written Statement in Eviction Appeal, Partly Allows Assignee's Challenge to Interim Compensation Order. The court held that amendment of written statement to incorporate subsequent events is permissible under Order VI Rule 17 CPC, and that interim compensation under Section 11(3) of the Maharashtra Rent Control Act, 1999 can be directed pending appeal.

27 Sep 2019

The judgment concerns two writ petitions arising from eviction proceedings between Omkar Co-operative Housing Society Ltd. (the Society) and Kishore K...

High Court

Bombay High Court Upholds Conviction for Murder and Robbery Based on Circumstantial Evidence and Recovery of Stolen Ornaments. The court found that the chain of circumstances, including last seen evidence and recovery of stolen property, was sufficient to sustain conviction under Sections 302 and 397 IPC.

20 Jun 2019

The appellant, Mohan Maroti Jadhav, was convicted by the Sessions Court, Yavatmal, for the murder of Zimibai by strangulation and robbery of her silve...

High Court

Bombay High Court Allows Writ Petitions Challenging Penalty Under Central Sales Tax Act for Alleged Misuse of Registration Certificate. Court Holds That Mere Issuance of C-Forms Without Actual Inter-State Movement Does Not Attract Penalty Under Section 10(d) of CST Act, 1956.

13 Feb 2019

The petitioner, M/s. Brijda Roadlines Pvt. Ltd., a transport company engaged in the business of transportation and holding a dealership from Bharat Pe...

High Court

Bombay High Court Partially Sets Aside Arbitral Award in Construction Contract Dispute — Interest Rate Reduced from 18% to 12% per annum. Arbitrator's Award of Interest at 18% Held to be Excessive and Not in Accordance with Contractual Stipulation of 12% under Section 31(7)(a) of the Arbitration and Conciliation Act, 1996.

13 Feb 2019

The case involves an arbitration petition filed by the Municipal Corporation of Greater Mumbai (Petitioner) challenging an arbitral award passed by a ...

High Court

Bombay High Court Allows Writ Petitions Challenging Penalty Under Central Sales Tax Act for Alleged Misuse of Declared Forms. Court holds that penalty under Section 10(d) read with Section 10A of the CST Act, 1956 cannot be imposed without establishing mens rea or conscious violation of law.

13 Feb 2019

The petitioner, M/s. Brijda Roadlines Pvt. Ltd., a transport company engaged in the business of transporting goods and holding a dealership from Bhara...

High Court

Bombay High Court Partially Allows Challenge to Arbitral Award in Construction Contract Dispute — Upholds Award on Compensation for Delay but Sets Aside Award of Interest on Mobilisation Advance. Arbitrator's findings on delay and compensation held plausible, but interest on mobilisation advance contrary to contract terms under Section 34 of the Arbitration and Conciliation Act, 1996.

13 Feb 2019

The case arises from a construction contract between the Municipal Corporation of Greater Mumbai (Petitioner) and S.N. Thakkar Construction Company Pr...

High Court

Bombay High Court Allows Appeals for Enhanced Compensation in Land Acquisition Cases — Market Value Determined at 12% Increase on Sale Instance. The court held that the Reference Court erred in applying 10% increase and directed payment of enhanced compensation with statutory benefits under the Land Acquisition Act, 1894.

30 Nov -0001

The case involves multiple first appeals filed by landowners whose agricultural lands were acquired by the State of Maharashtra for a minor irrigation...

High Court

Bombay High Court Allows Insurance Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence of Deceased Driver. Claimants' Cross-Objection for Enhanced Compensation Dismissed as Deceased's Own Negligence Was Established.

30 Nov -0001

The case arises from a motor accident claim filed by the legal heirs of Samsuddin Ansari, who died in a collision between a truck (MP-20-HB-5499) and ...

High Court

Bombay High Court Allows Insurance Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence of Deceased Driver. Claimants' Cross-Objection for Enhanced Compensation Dismissed as Deceased's Own Negligence Contributed to Accident.

30 Nov -0001

The case arises from a motor accident claim where the deceased, Samsuddin Ansari, died in a truck accident. The claimants, being the wife, minor child...

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