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Bombay High Court Upholds Compensation Award in Motor Accident Case — BEST Bus Driver's Negligence Proved. Tribunal's finding of involvement of bus and negligence upheld; compensation reduced from Rs.11,88,000 to Rs.10,38,000 with 7.5% interest.

The appeal was filed by the Mumbai Municipal Corporation (BEST Undertaking) challenging the judgment and award dated 17.7.2015 passed by the Claims Tr...

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Parsi Chief Matrimonial Court Grants Divorce to Wife on Ground of Cruelty Under Section 32(dd) of Parsi Marriage & Divorce Act, 1936 — Unanimous Delegate Finding of Cruelty Upheld. Wife's Allegations of Mental and Physical Cruelty by Husband Proved, Entitling Her to Divorce and Alimony.

The Plaintiff-wife, Zenobia Ghadially, filed Parsi Suit No. 13 of 2009 in the Parsi Chief Matrimonial Court at Bombay seeking divorce from her husband...

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Supreme Court Allows Appointment of Arbitrator in Government Contract Dispute Despite Non-Exhaustion of Pre-Arbitration Procedure. Party Autonomy and Minimal Judicial Intervention Upheld Under Section 11 of the Arbitration and Conciliation Act, 1996.

The appellant, Hindustan Construction Company Ltd., was awarded a contract by the respondent, Bihar Rajya Pul Nirman Nigam Ltd. (BRPNNL), on 04.03.201...

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Bombay High Court Allows Petition Challenging Rejection of Objections to Nomination in Cooperative Society Election. Removal from Managing Committee Under Section 78(1)(b) of Maharashtra Co-operative Societies Act, 1960 Disqualifies Candidates from Contesting Election to Board of Directors.

The petitioners, Irshad Abdul Sattar Deshmukh and Rama Seva Chavan, filed a writ petition under Article 226 of the Constitution of India before the Bo...

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Bombay High Court Allows Petition Challenging Market Fee on Copra as Not Notified Agricultural Produce Under APMC Act. Explanation to Rule 32(1) of Goa APMC Rules Held Ultra Vires as Copra Not in Schedule to Maharashtra Agricultural Produce Marketing (Regulation) Act, 1963.

The petitioners, Marico Industries Ltd. and Jude Linhares, filed a writ petition before the Bombay High Court at Goa challenging the demand for market...

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Bombay High Court Dismisses Wife's Appeal, Upholds Divorce Decree on Ground of Cruelty Under Hindu Marriage Act — False Allegations of Adultery and Criminal Complaints by Wife Constitute Mental Cruelty Under Section 13(1)(ia) of Hindu Marriage Act, 1955.

The appellant-wife challenged the judgment of the Family Court, Akola, which allowed the respondent-husband's petition for dissolution of marriage on ...

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High Court Appoints Arbitrator and Grants Interim Relief in Loan Default Case Under Arbitration and SARFAESI Acts. Applicant Secures Protection for Mortgaged Property in Dispute with Respondents

The High Court of Bombay heard two connected applications filed by Tata Capital Housing Finance Limited against Inderjeet Sahni and others. The first ...

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High Court Allows Writ Petition by Retired SIDBI Employees -- Quashes Circular Denying Pension Benefits and Directs Payment of Arrears Under SIDBI Act and Pension Regulations

The High Court allowed a Writ Petition filed by retired SIDBI employees challenging a Circular that denied them pension benefits. The Court examined t...

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Bombay High Court Dismisses Section 34 Challenge to Arbitral Award in Partnership Dispute — Upholds Award of Rs. 7.39 Crore with Interest. Limitation plea rejected as claim was within time; quantification not perverse.

The judgment concerns a Commercial Arbitration Petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral award ...