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Bombay High Court Allows Summary Judgment for Recovery of Maintenance Charges Under MOFA Agreement. Builder/Promoter entitled to recover proportionate outgoings from purchaser based on contractual clause in agreement for sale.

The plaintiff, Sai Om Petro Specialities Ltd., a builder/promoter, filed a summary suit against the defendant, M Industries through its proprietor Mr....

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Bombay High Court Dismisses Review Petition in Eviction Case — No Error Apparent on Record. Review of judgment dated 21.10.2010 in Writ Petition No.711/2010 rejected as applicants sought re-argument of merits, not review under Order 47 Rule 1 CPC.

The applicants, tenants Shrichand s/o Rochaldas Khemani and Kawarlal s/o Rochaldas Khemani, filed a review application before the Bombay High Court, N...

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Bombay High Court Allows Petitions Challenging Settlement in Industrial Dispute for Breach of Section 12 of Industrial Disputes Act and Rule 11 of Industrial Disputes (Bombay) Rules. Settlement Dated 5.9.2008 Quashed as Void Ab Initio for Non-Compliance with Mandatory Conciliation Procedure.

The judgment concerns two writ petitions challenging a settlement dated 5.9.2008 arrived at in conciliation between NRC Limited (the company) and NRC ...

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Bombay High Court Allows Appeal in Property Dispute Case — Court Receiver Appointed to Protect Suit Premises Pending Trial. Dispute Involves Alleged Illegal Dispossession of Widow and Minor Son from Residential Flat and Office Premises by In-Laws.

The appeal arises from a suit filed by Khushnuma Ibrahim Khan and her minor son Raghib Ibrahim Khan (appellants) against Asadullah Khan and others (re...

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Bombay High Court Upholds Removal of Peon for Habitual Absence in Disciplinary Proceedings. Administrative Appeal Dismissed as Petitioner Failed to Show Sufficient Cause for Absence and Disobeyed Transfer Orders.

The petitioner, Vikas Sureshrao Waghmare, was appointed as a Peon in the District Court, Ahmednagar on 11.10.2001 and was made permanent from 18.04.20...

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Bombay High Court Upholds Removal of Peon for Habitual Absence in Disciplinary Proceeding. Service Rule Violation Justifies Dismissal as Petitioner Failed to Show Sufficient Cause for Absence.

The petitioner, Vikas Sureshrao Waghmare, was appointed as a Peon in the District Court, Ahmednagar on 11.10.2001 and made permanent from 18.04.2006. ...

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Bombay High Court Dismisses Petition Challenging Rejection of Discharge in Bank Fraud Case — Petitioner, a General Manager of a Cooperative Bank, Allegedly Violated RBI Guidelines by Investing in Non-SLR Securities Through a Broker, Causing Loss to the Bank.

The petitioner, Kishore Deshpande, was the General Manager of CKP Co-operative Bank Ltd. and was arraigned as accused No.5 in FIR No. RC 8/E/2010 regi...

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Bombay High Court Dismisses Appeals Against Order of Reference to Arbitration in Suit for Specific Performance and Injunction. Court Holds That Disputes Involving a Housing Society and Its Members Regarding Development Agreement Are Arbitrable Under Section 8 of the Arbitration and Conciliation Act, 1996.

The judgment arises from two appeals filed against an order of a Single Judge of the Bombay High Court referring the parties to arbitration under Sect...