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Bombay High Court Dismisses Petition Challenging Arbitral Award in Property Dispute — No Grounds for Interference Under Section 34 of Arbitration Act as Findings Are Not Perverse or Contrary to Public Policy.

The case involves a challenge to an arbitral award passed in a dispute over an agreement to sell immovable property. The petitioners (claimants before...

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Bombay High Court Dismisses Petition Challenging Dismissal from Service Based on Invalid Caste Certificate. Petitioner's Appointment Against Reserved Post for Halba Scheduled Tribe Found Invalid as Halba is Not a Scheduled Tribe in Maharashtra.

The petitioner, Gopal G. Nipane, was employed by Hindustan Aeronautics Ltd. (HAL) as a Senior Manager. He was recruited against a reserved post for Sc...

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High Court of Bombay at Goa Allows Appeal in Cheque Dishonour Case — Presumption Under Section 139 NI Act Not Rebutted. Trial Court Erred in Not Framing Proper Points of Determination and Ignoring Legal Presumption in Favour of Complainant.

The appellant, original complainant Sunil Thukral, filed a criminal appeal against the judgment and order dated 19/01/2011 of the Judicial Magistrate ...

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Bombay High Court Grants Bail to Accused in Illegal Building Collapse Case Due to Lack of Prima Facie Evidence of Culpable Homicide and Long Incarceration. Court Held That Section 304 IPC Requires Knowledge of Likely Death, Which Was Not Established Against the Applicants.

The judgment concerns three bail applications filed by accused persons arrested in connection with the collapse of an illegally constructed building i...

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Bombay High Court Allows Appointment of Arbitrator in Development Dispute — Consent Terms Creating Arbitration Agreement Are Valid and Enforceable Under Section 11 of the Arbitration and Conciliation Act, 1996. Court Appoints Substitute Arbitrator When Named Arbitrator Did Not Enter Upon Reference.

The applicant, Mohan Balkrishna Lulla, filed an application under Section 11 of the Arbitration and Conciliation Act, 1996 seeking appointment of an a...

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Bombay High Court Allows Petition to Set Aside Termination of Arbitral Proceedings and Constitute New Arbitral Tribunal Under Sections 9 and 14 of Arbitration and Conciliation Act, 1996 — Delay Condoned Due to Sufficient Cause Shown by Legal Heirs of Deceased Partner.

The petitioners, Neeta Lalit Sanghavi and Hemanshu Lalit Sanghavi, are the legal heirs of the deceased partner, Lalitkumar Vanmalidas Sanghavi. They f...

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Bombay High Court at Goa Partly Allows Appeals in Land Acquisition Compensation Case — Enhances Compensation to Rs. 300 per sq m for Acquired Land. Court Relies on Comparable Sale Instances and Potential Value of Land Under Section 23 of Land Acquisition Act, 1894.

The judgment pertains to two first appeals arising from a common judgment and award dated 20.12.2014 passed by the learned District Judge-1, North Goa...

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Bombay High Court Dismisses Second Appeal in Specific Performance Suit, Upholds Concurrent Findings on Readiness and Willingness. Agreement for Sale of Land Executed in 1975, Suit Filed in 1985, Dismissed as Time-Barred and for Failure to Prove Continuous Readiness.

The respondent no.1/plaintiff, a cooperative housing society, filed a suit for specific performance of an agreement for sale of land dated 30.1.1975, ...