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Bombay High Court Dismisses Petition of Kerosene Dealers' Association Challenging Inclusion of VAT in Ceiling Price. State's Power to Fix Maximum Price Including Taxes Upheld Under Essential Commodities Act, 1955.

The petitioners, Mumbai Kerosene Dealers' Association and its members, who are wholesale kerosene dealers holding licences under the Maharashtra Keros...

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Bombay High Court Allows Insurance Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence of Deceased. Deceased pedestrian held 50% contributorily negligent for crossing highway without care; insurer's liability reduced proportionately under Motor Vehicles Act, 1988.

The case arises from a motor accident claim filed by the legal heirs of a deceased pedestrian against the owner and insurer of a truck. The accident o...

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Bombay High Court Dismisses Appeal Under Section 37 of Arbitration Act — Upholds Arbitral Award Granting Interest on Delayed Payments. Court holds that award of interest at 18% per annum is not patently illegal under Section 34 of the Arbitration and Conciliation Act, 1996.

The case involves an appeal by Jawaharlal Nehru Port Trust (Appellant) against the rejection of its petition under Section 34 of the Arbitration and C...

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High Court Removes Executor in Testamentary Dispute Under Indian Succession Act, 1925 -- Over Estate Administration Breach

The judgment involves a dispute over the administration of the estate of late Rajnikant Ambalal Kilachand, where the Respondent, under a Will dated 27...

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Madras High Court Allows Retired IAS Officer's Petition to Quash Disciplinary Proceedings Initiated Without Sanction Under Rule 9 of CCS (Pension) Rules, 1972. Charge Memo Issued on Last Day of Service Invalid Due to Lack of Prior Sanction and Inordinate Delay in Proceedings.

The petitioner, K.Suresh, an IAS officer of the 1982 batch from the Madhya Pradesh cadre, retired on 31.08.2015 as Principal Secretary. On his last da...

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Bombay High Court Allows Writ Petition by Educational Institution Challenging University Committee's Direction to Refund Fees. Students Grievance Redressal Committee Exceeded Its Powers Under Ordinance 0.130 by Ordering Refund of Fees for Mid-Term Withdrawal Without Hearing the Institution.

The petitioners, St. Xavier's Institution of Education Society and its B.Ed. college, challenged a communication dated 14th March 2006 issued by the U...

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Bombay High Court Dismisses Second Appeals in Specific Performance Suit — Upholds Concurrent Findings of Fact on Agreement to Sell and Possession. Court holds that no substantial question of law arises when findings are based on appreciation of evidence and concurrent findings of fact are not perverse.

The case involves two second appeals arising from a common judgment of the appellate court in a suit for specific performance of an agreement to sell ...

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Bombay High Court Dismisses Second Appeal in Property Suit — Upholds Concurrent Findings on Title and Adverse Possession. Court holds that dismissal of restitution application under Section 144(1) CPC does not bar a fresh suit for possession based on independent title.

The case involves a property dispute over a house and land at Survey No. 123, Block No. 276, village Atyal, taluka Gadhinglaj. The respondents (origin...