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Bombay High Court Allows Second Appeal in Specific Performance Suit — Holds That Payments Made to Authorized Representatives of Partnership Firm Are Valid Under Contract Act. Burden of Proof Shifts to Defendants When Plaintiff Proves Payment to Persons Held Out as Authorized in Brochure.

The case involves a second appeal filed by the original plaintiff, Mr. Sharad Prabhudas, against the judgment of the First Appellate Court which rever...

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Supreme Court Modifies High Court Order on Withdrawal of Enhanced Compensation in Land Acquisition Case. Appellant Acquiring Body Directed to Deposit 100% Enhanced Compensation; Claimants Permitted to Withdraw 25% Without Security, Balance 75% to be Invested in Fixed Deposit.

The case arises from a land acquisition in 1996 where the Reference Court enhanced compensation after about 17 years. The acquiring body, Nayara Energ...

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Bombay High Court Dismisses Enforcement Petition for Foreign Award Citing Lack of Jurisdiction Due to Prior Section 34 Filing. Section 42 of Arbitration and Conciliation Act, 1996 Vests Exclusive Jurisdiction with the Court at Jamkhambalia Where the Section 34 Application Was First Filed.

The petitioners, Pacific Basin Ihx (UK) Ltd., a company incorporated in England engaged in shipping, sought enforcement of a foreign arbitration award...

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Bombay High Court Upholds University Tribunal's Order in Part — Lecturer's Appointment Without NET/SET or Ph.D. Held Invalid, but Salary for Work Done Granted. Minority Institution's Right to Administer Does Not Extend to Appointing Ineligible Candidates Under Maharashtra Universities Act, 1994.

The judgment concerns two writ petitions arising from an order of the University and College Tribunal, Aurangabad, in Appeal No. BAMU-02/2013. The Hin...

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High Court of Judicature at Bombay, Aurangabad Bench, Adjudicates Family Court Appeal No.13 of 2008 in Divorce Matter. Appeal Filed by Husband Challenges Dismissal of Divorce Petition Seeking Decree on Grounds of Cruelty and Desertion.

The appeal before the High Court of Judicature at Bombay, Aurangabad Bench, arose from the dismissal of a divorce petition by the Family Court, Aurang...

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Bombay High Court Upholds Conviction of Two Accused for Sexual Assault of Minor Orphan Girl Under POCSO Act and IPC. Court Relies on Testimony of Victim and School Teachers, Holds That Absence of Medical Evidence Does Not Disprove Sexual Assault When Victim's Testimony Is Credible.

The case involves an appeal by two accused, Sudhir Govindrao Suradkar and Santosh Nathaji Jumbde, against their conviction by the Special Judge (POCSO...

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Bombay High Court Quashes Predeposit Order in Central Excise Exemption Dispute — Supply to Navy Through IOCL Not a Bar to Exemption. Tribunal Directed to Decide Appeal on Merits Without Predeposit as Petitioner Made Out a Prima Facie Case on Interpretation of Exemption Notification No.64/95-CE.

The petitioner, Hindustan Petroleum Corporation Limited (HPCL), a government company, filed a writ petition challenging an order of the Customs, Excis...