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Supreme Court Allows Appeal in Arbitration Dispute — Restores Arbitral Award for Compensation for Unproductive Use of Machinery. Court Holds That High Court Exceeded Its Jurisdiction Under Section 34 of Arbitration and Conciliation Act, 1996 by Reappreciating Evidence and Substituting Its Own View.

The Supreme Court allowed the appeal filed by M/s. Dyna Technologies Pvt. Ltd. against the judgment of the Madras High Court, which had set aside an a...

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Supreme Court Allows Land Losers' Appeal in Land Acquisition Compensation Case Due to Improper Reliance on Government Floor Rates. Market Value Must Be Determined Based on Sale Exemplars Under Section 18 of Land Acquisition Act, 1894, as Small Sale Instances Cannot Be Ignored for Large Tracts.

The dispute arose from the acquisition of lands in Sultanpur, Gurugram, for constructing Express Highway Phase VII under the Land Acquisition Act, 189...

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Karnataka High Court Quashes Penal Back Billing Order in Electricity Theft Case — No Evidence of Tampering or Pilferage. Mere Fluctuation in Load Factor Does Not Attract Penal Provisions Under Clause 42.05 of Conditions of Supply of Electricity.

The petitioner, M/s Eureka Forbes Limited, a public limited company, owned a composite premises in Bommasandra Industrial Area, Bengaluru. In 2007, it...

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Bombay High Court Quashes Demand Notices for Transfer Premium in Lease Assignment Case. Co-operative Society's Assignment of Lease to Members Does Not Attract Transfer Premium Under MCGM Policy.

The petitioners, Homi Villa Co-operative Housing Society Limited and others, filed a writ petition under Article 226 of the Constitution of India befo...

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Bombay High Court Quashes Removal of Sarpanch Under Section 39(1) of Maharashtra Village Panchayats Act, 1959 — Lack of Proper Enquiry and Non-Application of Mind. The court held that removal without affording opportunity of hearing and without proper enquiry is unsustainable.

The petitioner, Shri Jagdish Mannalalji Sancheriya, was directly elected as Sarpanch of Gram Panchayat, Anji (Mothi), District Wardha in March 2019 fo...

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Bombay High Court Allows Petitioner's Challenge Against CIDCO's Revocation of Change of User Permission — Doctrine of Promissory Estoppel Applied Against Public Authority. CIDCO Cannot Revoke Permission After Allottee Acts Upon It to Its Detriment.

The petitioner, M/s. Shree Ambica Developers, a sole proprietorship of Mr. Madeva Patel, was allotted Plot No. 1 in Sector 1, Kharghar, Navi Mumbai by...