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Bombay High Court Dismisses Insurer's Appeal in Motor Accident Claim — Upholds Compensation for Injured Minor Pedestrian. The court held that the insurer failed to prove breach of policy conditions or contributory negligence, affirming the Tribunal's award under the Motor Vehicles Act, 1988.

The case arises from a motor accident that occurred on 30th December 2009 at about 7:10 a.m. on Dr. B.A. Road, Mumbai. The claimant, Mast. Siddanth Sa...

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Bombay High Court Dismisses Revision Against Eviction Decree in Rent Control Case — Confirms Findings on Default, Subletting, and Bonafide Requirement. Tenants Failed to Comply with Section 15(3) of Maharashtra Rent Control Act, 1999 and Unlawfully Sublet Premises.

The case involves a civil revision application under Section 115 of the Code of Civil Procedure, 1908, filed by the original defendants (tenants) chal...

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Supreme Court Allows Appeals Against High Court Order Quashing Proceedings in Murder Conspiracy Case — Prima Facie Case of Fabricated Alibi Established. Police Officers Allegedly Created Bogus Excise Case to Shield Murder Accused, High Court Erred in Quashing Under Section 482 CrPC.

The Supreme Court allowed the appeals filed by the appellant, Om Prakash Yadav, against the judgment of the Allahabad High Court which had quashed cri...

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Bombay High Court Dismisses Winding Up Petition in Power Supply Dispute Due to Bona Fide Dispute. Debt under Section 433(e) of Companies Act, 1956 not recoverable via winding up when substantial defense exists.

The petitioner, Vedanta Limited, filed a company petition seeking winding up of the respondent, Global Energy Private Limited, under Section 433(e) of...

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Bombay High Court Partially Allows Appeal in Specific Performance Suit — Restrains Creation of Third Party Rights but Refuses Possession Relief. Interim Injunction Under Order 39 Rules 1 and 2 CPC Granted Only to Protect Property from Alienation, Not to Disturb Existing Possession.

The appellant, Bapurao Khante, filed a suit for specific performance of an agreement of sale dated 15/05/2000 executed by the respondent, Bhagwan Khan...

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Bombay High Court Dismisses Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Agreement to Sell Agricultural Land Enforced as Plaintiff Proved Readiness and Willingness to Perform Contract.

The respondent-plaintiff Shankar Sonaji Shingne filed a suit for specific performance of an agreement to sell 18 acres of agricultural land owned by t...

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Bombay High Court Dismisses Summons for Judgment in Summary Suit for Recovery of Project Management Fees. Agreement for Development of Property by Family Members Not a Commercial Transaction Entitling Summary Procedure Under Order 37 CPC.

The plaintiff, Satchi Development Company Pvt. Ltd., filed a summary suit under Order 37 of the Code of Civil Procedure, 1908, for recovery of ₹3,70...

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Bombay High Court Dismisses Petitions Challenging Arbitral Awards in Stock Broking Disputes — Upholds Awards for Payment of Outstanding Dues with Interest. Claims of Bogus Trading and Unauthorized Transactions Remain Unproved Due to Lack of Evidence and Failure to Pursue Counterclaims.

The judgment concerns two arbitration petitions filed by Ms. Deepika Vijay Nihalani and Vijay Roopkumar Nihalani against INA Stock Broking Co. Pvt. Lt...

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Bombay High Court Allows Appeal Against Rejection of Section 9 Application in Arbitration Dispute Over Television Serial Marketing Rights. Right of First Refusal Protected Pending Arbitration Under Section 9 of the Arbitration and Conciliation Act, 1996.

The appellant, UTV Software Communications Ltd., entered into an agreement with the respondent, Radaan Media Works Ltd., on 21 June 2001, under which ...