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Bombay High Court Dismisses PIL Seeking Regulation of Time Share Companies as Collective Investment Schemes Under SEBI Act. Court Holds That Time Share Arrangements Do Not Constitute Collective Investment Schemes and That Grievances Are Contractual in Nature.

The petitioner, M/s Securities & Time Share Owners Welfare Association, filed a public interest litigation seeking a direction to the Securities and E...

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Bombay High Court Dismisses Revision Against Lok Adalat Decree in Specific Performance Suit — Compromise Decree Held Final Under Section 21 of Legal Services Authorities Act. Consideration in Compromise Agreement is Implicit in Mutual Settlement, Not Subject to Challenge Under Indian Contract Act.

The case involves a Civil Revision Application filed by the judgment debtor (applicant) challenging the order dated 6.4.2017 passed by the executing C...

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Bombay High Court Examines Maintainability of Public Interest Litigations in Road Development Contract Dispute. Reiterates Stringent Locus Standi Requirements Under Article 226 to Prevent Abuse of Process by Meddlesome Bystanders.

The Bombay High Court examined the maintainability of multiple public interest litigations and writ petitions concerning the Kolhapur Integrated Road ...

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High Court of Karnataka Quashes Lok Adalat Award in BSNL Dues Dispute — Lack of Consent Invalidates Compromise. Permanent Lok Adalat Cannot Pass Award Without Parties' Consent Under Section 22C of Legal Services Authorities Act, 1987.

The petitioner, M/s. Mac Charles (I) Ltd, a company registered under the Companies Act, 1956, had subscribed to telephone lines from the respondent, B...

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Bombay High Court Dismisses Appeal Against Refusal of Anti-Arbitration Injunction in Facilitation Deed Dispute. Court Holds That Arbitral Tribunal Has Competence to Decide Validity of Underlying Agreement Under Section 45 of the Arbitration and Conciliation Act, 1996.

The appeal arises from a commercial dispute between MSM Satellite (Singapore) Pte Ltd. (Sony) and World Sport Group (Mauritius) Limited (WSG) concerni...

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Supreme Court Dismisses Appeal Against Default Bail in UAP Act Case — Extension of Remand Lacked Specific Reasons Under Section 43D(2)(b). High Court's Grant of Statutory Bail Upheld as Special Court's Satisfaction Was Not Based on Valid Grounds for Further Detention.

The case arose from a murder and subsequent violence in Coimbatore in September 2016. The National Investigation Agency (NIA) took over investigation ...

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High Court of Bombay Quashes Lok Adalat Award Against Insurance Company in Motor Accident Claim — Consent Given Without Proper Verification. Act Only Policy Does Not Cover Occupant of Vehicle, and Lok Adalat Award Based on Misunderstanding of Advocate's Presence is Set Aside.

The petitioner, United India Insurance Co. Ltd., filed a writ petition challenging the Lok Adalat award dated 3.3.2013 in Motor Accident Claim Petitio...

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Bombay High Court Allows Appeal in Arbitration Act Case — Upholds Appointment of Arbitrator Despite Alleged Non-Compliance with Pre-Arbitration Steps. Section 11(6) of the Arbitration and Conciliation Act, 1996 invoked where respondent failed to appoint arbitrator within 30 days of notice.

The appellant, a company incorporated under the Companies Act, 1956, and the respondent, a multi-state co-operative society constituted under the Mult...