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Bombay High Court Examines Arbitrability of Disputes Between Developer and Non-Signatory Member of Cooperative Society Under Development Agreement. Issue Involves Permissibility of Invoking Arbitration Clause Against Dissenting Member Not Party to Agreement.

The dispute arose from the redevelopment of a cooperative society's building in Mumbai. The applicant, a developer, entered into a Development Agreeme...

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Bombay High Court Dissents That Designated Court Under MCOC Act Cannot Order Investigation Under Section 156(3) CrPC Without Prior Sanction. Special Court Not a Magistrate and Section 23(1) Bar Overrides Private Complaint Procedure.

The Bombay High Court heard a batch of writ petitions involving a common legal question: whether a designated court under the Maharashtra Control of O...

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High Court of Bombay, Nagpur Bench, Delivers Judgment on Appeals Concerning Locus Standi of Third-Party Residents in Excise Licence Cases. Court Examines Maintainability of Writ Petition When Alternate Remedy Exists Under Bombay Prohibition (Closure of Licence) Order, 2003.

The appeals arose from a common judgment of a Single Judge of the High Court in a writ petition filed by three local residents challenging the State G...

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Bombay High Court Allows Execution of Consent Decree for Sale of Property Through Court in Partition Suit. Court Directs Issuance of Warrant of Sale and Appointment of Commissioner to Distribute Proceeds Equally Between Co-Owners.

The plaintiff, Shri Anant Narayan Kajrolkar, filed a praecipe in a pending execution application seeking production of papers and proceedings to enabl...

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Karnataka High Court Dismisses Writ Appeal in Electricity Connection Dispute - Precondition of Payment of Arrears Upheld. Subsequent purchaser of property cannot escape liability for arrears of electricity charges under Section 43 and Section 56 of Electricity Act, 2003.

The appellant, OPG Power Generation Pvt. Ltd., filed a writ appeal against the order of a learned Single Judge dismissing its writ petition. The appel...

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Supreme Court Allows State Appeals in Land Acquisition Case — Doctrine of Legitimate Expectation Cannot Override Statutory Acquisition Process. Industrial Development Constitutes Valid Public Purpose Under Land Acquisition Act, 1894.

The appeals arise from a common judgment of the Uttarakhand High Court dated 02.11.2018, which dismissed the appeals filed by the appellants (the Stat...

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Bombay High Court Quashes Process Against MSEDCL Employees in Assault Case for Lack of Sanction Under Section 197 CrPC. Employees Authorized to Detect Theft Under Electricity Act Are Public Servants Entitled to Protection.

The petitioners, employees of Maharashtra State Electricity Distribution Company Limited (MSEDCL) working as Junior Engineer and Linemen, challenged t...