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Bombay High Court Dismisses Stay Application in Arbitration Matter — Consent Order Not Stayed as No Prima Facie Case Made Out. Court held that a consent order passed under Section 9 of the Arbitration and Conciliation Act, 1996 cannot be stayed unless fraud or lack of jurisdiction is shown.

The petitioner, Tata Capital Financial Services Limited, a non-banking finance company, had sanctioned an invoice discounting facility of Rs. 20,00,00...

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Bombay High Court Allows Second Appeal in Specific Performance Suit — Agreement to Repurchase Not Enforceable. Receipt for Reconveyance Does Not Constitute a Valid Contract for Sale Under Section 54 of Transfer of Property Act, 1882, and Suit Barred by Limitation.

The dispute pertains to a suit for specific performance of an alleged agreement to repurchase suit land. The plaintiff, Dattu Kadu Aher, originally mo...

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Bombay High Court Dismisses Tenants' Writ Petition Challenging Eviction Order Under Goa Rent Act. Landlord's Bonafide Need for Personal Occupation Upheld as Genuine and Based on Evidence.

The petitioners, Michael Anthony William Gareth and Amelia Gareth, were tenants in a house bearing Municipal no. 73, Panaji, Goa, which was acquired b...

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Bombay High Court Allows Impleadment of Subsequent Purchaser in Suit for Specific Performance and Injunction — Applicant Claiming Title Through Subsequent Agreement Must Be Heard Before Final Orders.

The judgment arises from a chamber summons filed by Mugwort Land Holdings Pvt. Ltd. seeking impleadment as a party defendant in Suit No. 2823 of 2006,...

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Bombay High Court Dismisses Management's Challenge to School Tribunal Order for Reinstatement of Peon in Service Dispute. Termination of Employee Without Prior Approval Under Section 5 of M.E.P.S. Act, 1977 Held Illegal, Reinstatement Upheld.

The judgment pertains to two writ petitions filed by the management of Shubham Bahuuddeshiya Shikshan Sanstha and Swamy Vivekanand High School challen...

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Bombay High Court Allows Writ Petition Against Rejection of KVSS Declaration — Post-Manufacturing Expenses Dispute. The court held that an appeal is pending until the order is communicated to the party, and thus the declaration under Section 95 of the Finance (No.2) Act, 1998 was validly filed.

The petitioner, M/s. Pepsico India Holdings Ltd., a company engaged in manufacturing aerated water, soft drinks, and fruit-pulp based drinks, was issu...

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Bombay High Court Dismisses Petition Challenging Rejection of Scheduled Tribe Claim for Mahadeo Koli Community. Petitioner's Degree Obtained Under Interim Order Held Not Entitled to Benefit if Claim Fails.

The petitioner, Yogesh Ramchandra Naikwadi, sought admission to the Engineering Degree course (B.E.) and challenged the order dated 29th March 1995 pa...