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High Court of Bombay Addresses Challenge to Arbitral Award Granting Damages in Electricity Supply Contract Dispute. Tribunal's Award of Damages for Installed Objects Questioned on Grounds of Fundamental Breach Limited to Uninstalled Units Under Section 34 of Arbitration and Conciliation Act, 1996.

The arbitration petition under Section 34 of the Arbitration and Conciliation Act, 1996 was filed by Maharashtra State Electricity Board (MSEB) and it...

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Bombay High Court Dismisses Petitions Challenging Port Trust's Eviction Notices for Unauthorized Occupants. Held that lessees/licensees whose tenures expired and who continued in possession without consent are unauthorized occupants liable to eviction under the Major Port Trusts Act, 1963.

The judgment concerns a group of writ petitions filed by various entities who were originally lessees or licensees of land belonging to the Board of T...

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Bombay High Court Upholds Demolition of Unauthorized Terrace Construction in Cooperative Housing Society. Lease of Terrace by Member Without Society's Consent Invalid Under Maharashtra Cooperative Societies Act, 1960.

The judgment concerns two writ petitions arising from a dispute between N. Jethani (petitioner in WP 5476/1990) and Shri Shivaji Cooperative Housing S...

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Supreme Court Allows Assessee's Appeal, Holding Royalty Payment for Mining Lease is Revenue Expenditure. Yearly royalty of Rs. 96,000 under mining arrangement with Government deductible under Income-tax Act as it relates to raw material obtained, not capital outlay.

This appeal arose from income tax assessment proceedings for the years 1954-55 to 1956-57. The appellant, a registered firm manufacturing lime from li...

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High Court of Judicature at Bombay Considers Section 34 Petition Challenging Arbitral Award on Grounds of Jurisdiction and Limitation. Dispute involves multiple hotel management agreements and the applicability of arbitration clauses after partial setting aside of a prior award.

The dispute arises from a series of hotel management agreements concerning a hotel at Lonavala owned by petitioner Laguna Resorts Pvt. Ltd. (formerly ...

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Bombay High Court Dismisses Tenant's Revision in Rent Control Eviction — Landlord's Bonafide Requirement for Wife's Business Upheld. Concurrent Findings of Fact Not Interfered With Under Section 16(1)(g) of Maharashtra Rent Control Act, 1999.

The case involves a civil revision application filed by the tenant, Santosh Sampatrao Chhajed, against the concurrent judgments of the Small Causes Co...

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High Court of Karnataka Adjudicates Appeal in Ejectment Suit — Dispute Over Tenancy and Part Performance Under Section 53A Transfer of Property Act. Plaintiffs Claimed Tenancy Had Terminated; Defendants Asserted Possession Under Agreement to Sell and Assignment, Invoking Shield of Part Performance.

This appeal under Section 96 of the Code of Civil Procedure, 1908, arose from the dismissal of a suit for ejectment filed by five sisters against two ...

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Bombay High Court Dismisses Appeal for Specific Performance of Agreement to Sell, Upholds Refund of Earnest Money. Court finds that the plaintiff failed to prove readiness and willingness to perform its part of the contract under Section 16(c) of the Specific Relief Act, 1963.

The appellant, M/s. Dreams Construction Private Limited, filed a suit for specific performance of an agreement to sell a land admeasuring 1 Hector and...

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Supreme Court Dismisses Appeal by Central Warehousing Corporation Against Appointment of Arbitrator — Public Premises Act Does Not Override Arbitration Act. Disputes Over Unilateral Rate Revision and Lease Renewal Are Arbitrable Under Clause 16 of the Lease Agreement.

The Supreme Court dismissed an appeal by the Central Warehousing Corporation (CWC) against a High Court order appointing an arbitrator to resolve disp...