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Bombay High Court Partially Allows Challenge to Arbitral Award in Contract Dispute — Liquidated Damages and Interest Reduced. Court upholds arbitrator's finding on delay but modifies interest rate from 7% to 6% per annum under Section 34 of the Arbitration and Conciliation Act, 1996.

The case involves a challenge under Section 34 of the Arbitration and Conciliation Act, 1996, by Indian Oil Corporation Limited (petitioner) against a...

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Bombay High Court Dismisses Petition Challenging Sealed Cover Procedure in Promotion — No Vested Right to Promotion Exists. Petitioner failed to establish any legal right to promotion as sealed cover procedure was validly applied due to pending vigilance inquiry.

The Petitioner, Pramod Kumar, an employee of Oriental Insurance Co. Ltd. in Scale IV, appeared for a departmental promotional examination for Scale V ...

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High Court of Karnataka Dismisses Challenge to Rule 8(1)(a) of Minerals Concession Rules, 2016 by Mining Lessees. Rule requiring prior approval for transfer of mining leases for minerals not in First Schedule to MMDR Act held intra vires and not inconsistent with Section 10A(2)(c) of Amendment Act 2015.

The petitioners, holders of mining leases for minerals not specified in the First Schedule to the Mines and Minerals (Development and Regulation) Act,...

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High Court of Karnataka Quashes Rule 8(1)(a) of Minerals Concession Rules, 2016 as Ultra Vires Section 10A(2)(c) of MMDR Act. Rule restricting transfer of mining leases to minerals not specified in First Schedule held inconsistent with parent Act.

The judgment concerns a batch of writ petitions challenging the validity of Rule 8(1)(a) of the Minerals (Other than Atomic and Hydro Carbons Energy M...

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Bombay High Court Dismisses Appeal by Municipal Corporation in Demolition Notice Case. Court holds that demolition notices under Section 351 of the Mumbai Municipal Corporation Act, 1888 require prior show-cause notice and opportunity of hearing, upholding trial court's order setting aside notices.

The Municipal Corporation of Greater Mumbai (appellant) filed an appeal against an order of the City Civil Court, Mumbai, which set aside demolition n...

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High Court of Karnataka Dismisses Writ Petition Challenging Land Acquisition Awards for Irrigation Project — Petitioner's Title Not Established as Owner of Acquired Lands. Petitioner claiming tenancy cannot challenge acquisition without established title.

The petitioner, Ugar Sugar Works Limited, a public limited company, filed a writ petition under Articles 226 and 227 of the Constitution of India chal...

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High Court of Karnataka Dismisses Company's Writ Petition Challenging Land Acquisition Awards for Irrigation Project — Title Not Established. Company failed to prove ownership of acquired lands, hence no locus standi to challenge awards under Land Acquisition Act, 1894.

The petitioner, Ugar Sugar Works Limited, a public limited company, filed a writ petition under Articles 226 and 227 of the Constitution of India chal...

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Bombay High Court Allows Petition Challenging Joint Charity Commissioner's Order Setting Aside Provisional Acceptance of Change Report Under Maharashtra Public Trust Act. Revision Maintainable Despite Pending Recall Application; Provisional Acceptance Does Not Require Hearing of Objections.

The Bombay High Court, in a writ petition filed by the founder member and President of Gunai Shikshan Prasarak Mandal, challenged the order of the Joi...

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Bombay High Court Quashes Removal of Sarpanch Under Section 39(1) of Maharashtra Village Panchayats Act, 1959 — Lack of Proper Enquiry and Non-Application of Mind. The court held that removal without affording opportunity of hearing and without proper enquiry is unsustainable.

The petitioner, Shri Jagdish Mannalalji Sancheriya, was directly elected as Sarpanch of Gram Panchayat, Anji (Mothi), District Wardha in March 2019 fo...