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Bombay High Court Allows Quashing of Criminal Case in Hit-and-Run Accident Due to Lack of Evidence and Compromise. Petitioner accused under Sections 279 and 338 IPC discharged as no eyewitness or material to prove rash driving, and victim did not support prosecution.

The petitioner, accused in C.C.No.1058/PS/2016 for offences under Sections 279 and 338 of the Indian Penal Code, filed a writ petition under Article 2...

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Bombay High Court Dismisses Wife's Appeal in Parsi Matrimonial Suit — Upholds Decree of Restitution of Conjugal Rights. Wife's Allegations of Cruelty and Adultery Not Proved; Husband's Petition for Restitution Allowed Under Section 36 of Parsi Marriage and Divorce Act, 1936.

The case involves a matrimonial dispute between a Parsi couple, Mrs. Shireen Kersi Dubash (appellant/wife) and Mr. Kersi Jai Dubash (respondent/husban...

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Bombay High Court Allows Appointment of Sole Arbitrator in Joint Venture Dispute — Arbitration Clause Survives Termination of Agreement. Section 11 of the Arbitration and Conciliation Act, 1996 invoked for disputes arising from Joint Venture Agreement dated 28th March, 2007.

The applicant, M/s. Atul & Arkade Realty, a partnership firm engaged in real estate development, filed an application under Section 11 of the Arbitrat...

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Bombay High Court Partly Sets Aside Arbitral Award in Development Agreement Dispute Between Cooperative Housing Society and Developer. Court Upholds Award on Termination of Agreement and Refund of Deposit but Sets Aside Directions for Possession and Appointment of Receiver.

The judgment arises from two arbitration petitions and a notice of motion filed under Section 34 of the Arbitration and Conciliation Act, 1996, challe...

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High Court of Bombay Dismisses Insurance Company's Appeal in Motor Accident Claim — Insurer Liable Despite Alleged License Breach. Deceased was a third party and insurer failed to prove willful breach of policy conditions under Section 149 of Motor Vehicles Act, 1988.

The case arises from a motor accident claim filed by the dependents of deceased Ajay Avatade, who died in a road accident on 6th February 2012. The cl...

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Bombay High Court Dismisses Appeal in Contract Dispute Between Partnership Firm and Municipal Council — Interest Rate of 9% Upheld. Claim for 18% Interest Not Supported by Contract or Evidence Under Section 34 CPC.

The appellant, a partnership firm, filed a suit against the Faizpur Municipal Council for recovery of amounts due under a construction contract. The t...

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Bombay High Court Quashes Penalty Order in Cable Operator Entertainment Duty Case — Compounding Provision Misused as Adjudication Mechanism. Section 9A of Bombay Entertainments Duty Act, 1923 cannot be invoked for determining duty and penalty without a proper adjudication under Section 7.

The petitioner, Vimal Balbhim Nangane, was a cable operator in Mumbai Suburban District. The Collector issued a notice on 15 January 2004 alleging tha...

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Bombay High Court Grants Interim Injunction Restraining BCCI from Terminating IPL Franchise Agreement with Deccan Chronicle Holdings Limited. Court Holds Termination Notice Invalid for Not Providing 30-Day Cure Period Under Clause 11.1 of Franchise Agreement.

The petitioner, Deccan Chronicle Holdings Limited (DCHL), filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking to r...