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Bombay High Court Dismisses Petition Challenging Arbitral Award in Favor of Liquidator in Loan Recovery Dispute. Breach of Compromise Scheme of Settlement Leads to Revival of Original Award Under Multi State Co-operative Societies Act, 2002.

The case involves a challenge to an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996. The petitioner, the liquidator of M...

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Bombay High Court Dismisses Petitions Challenging Land Acquisition for Road Widening Under Maharashtra Highways Act, 1955. Petitioners Failed to Show Statutory Violation or Arbitrariness in Acquisition Process.

The judgment concerns three writ petitions filed by landowners challenging the acquisition of their land for widening of the Aurangabad-Jalna road und...

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Bombay High Court Allows Appointment of Arbitrator in Slum Rehabilitation Dispute Between State of Maharashtra and Developer. Court Holds That Existence of Arbitration Clause and Failure of Respondent to Appoint Arbitrator Justifies Appointment Under Section 11 of Arbitration and Conciliation Act, 1996.

The State of Maharashtra filed a petition under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of an arbitrator to reso...

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Bombay High Court Enhances Compensation for Injured Police Constable in Motor Accident Claim Under Section 163A Motor Vehicles Act. Permanent Disability of 45% Leads to Recalculation of Compensation Using Multiplier Method, Setting Aside Inadequate Tribunal Award.

The appellant, Vilas Bagde, a police constable, was injured in a motor vehicle accident on 23 January 1995 when a jeep dashed his scooter. He sustaine...

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Bombay High Court Allows Decree Holder's Appeal in Execution Proceedings — Transfer of Attached Property Void Under Section 64 CPC. Sale of Property by Judgment Debtor After Attachment Order Cannot Defeat Decree Holder's Right to Execute Decree.

The case arises from a First Appeal filed by Mrs. Meera Unnikrishnan, the decree holder, against the dismissal of her execution application by the Civ...

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Bombay High Court Quashes Reassessment Notice Under Section 148 of Income Tax Act, 1961 for Lack of Reasonable Belief and Change of Opinion. Reassessment Beyond Four Years Invalid Without Allegation of Failure to Disclose Material Facts.

The petitioner, Nivi Trading Limited, a private limited company, filed its return of income for Assessment Year 2010-11 on 15th September 2010 declari...

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Bombay High Court Allows Revision Against Rejection of Leave to Defend in Summary Suit. Bank Granted Conditional Leave to Defend on Deposit of Rs. 25 Lakhs for Triable Issues Regarding Liability as Mortgagee in Possession Under Order 37 CPC.

The case involves a Civil Revision Application filed by ICICI Bank Limited (the applicant/original defendant No.1) against the order dated 30th June 2...