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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 Dismisses Appeals in Land Dispute and Teacher Recruitment Cases — Upholds Single Judge's Orders on Limitation and Selection Process. In LPA No.177/2012, appeal dismissed as barred by limitation; in LPA No.288/2011, selection of respondent upheld as per rules.

The judgment comprises two Letters Patent Appeals. LPA No.177/2012 arises from a land dispute where the appellants challenged an order of a Single Jud...

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High Court of Bombay at Aurangabad Allows Correction of Clerical Error in MACT Judgment — Mistake in Identifying Driver as Owner of Vehicle. Section 166 Motor Vehicles Act, 1988 — Tribunal's refusal to correct error set aside; liability shifted to insurance company.

The petitioners, original respondent Nos. 1 and 2 in a Motor Accident Claim Petition, challenged an order of the Motor Accident Claims Tribunal dated ...

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Bombay High Court Dismisses Petition for Impounding of Document in Specific Performance Suit — No Objection Raised at Time of Exhibition. Court holds that once a document is exhibited without objection, it cannot be impounded under Section 33 of the Maharashtra Stamp Act, 1958 at a later stage.

The petitioner, defendant No.4 in Special Civil Suit No.167 of 2012, filed a writ petition challenging the order dated 24.01.2019 passed by the 8th Jo...

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Bombay High Court Allows Appeal in Seed Supply Contract Dispute — Remands Suit for Fresh Consideration on Breach of Contract and Damages. Trial Court's dismissal of suit for damages set aside due to failure to frame proper issues and consider evidence on breach of stocking agreement.

The appellant, M/s. A.S.N. Agri Genetics Private Limited, filed a suit for damages against the respondent, Basant Agro Tech (I) Limited, alleging that...

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Bombay High Court Allows Employer's Petition Against Exparte Labour Court Award for Violation of Natural Justice. Employer Denied Opportunity to Defend Due to Non-Service of Notice, Award Set Aside and Matter Remanded.

The judgment pertains to two writ petitions filed by the employer, the Deputy Engineer of Zilla Parishad Constructions, challenging an exparte award p...

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Bombay High Court Upholds Contempt Order Against Municipal Corporation for Breach of Undertaking in Unauthorized Construction Case. Court Holds That Breach of Undertaking Given to Court Attracts Penalty Under Order 39 Rule 2A CPC.

The respondent, Bhikanlal Nanakchand Sharma, owned a shop near Mulund Checknaka, LBS Road, Mulund West, Mumbai. He and other shopkeepers had carried o...

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Bombay High Court Allows Writ Petition Challenging Stamp Duty Demand on Agreement for Sale. Agreement for Sale Without Possession Not a Conveyance Under Bombay Stamp Act, 1958.

The petitioner, Nirmala Manherlal Shah, entered into an agreement for sale of immovable property in Mumbai. The agreement did not involve delivery of ...