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Bombay High Court Upholds Expressway Land Acquisition Compensation Process; Dismisses Farmers’ Writ Petitions

The petitions were filed by farmers whose lands were acquired for the Jalna–Nanded Super Express Highway project. The landowners challenged the ...

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Bombay High Court Sets Aside Arbitral Interim Order Restraining Non-Compete Beyond Contract Term. Arbitrator erred in treating Joint Venture Company as partnership and enforcing non-compete clause beyond its stipulated duration under Section 17 of the Arbitration and Conciliation Act, 1996.

The Commercial Arbitration Petition No.25 of 2021 was filed by Elster Instromet B.V. (Instromet) challenging an order dated 09/10/2020 passed by the A...

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Bombay High Court Dismisses Petition Challenging Pre-trial Appointment of Court Commissioner for Land Measurement Under Section 75 r/w Order 26 Rule 9 CPC. Court Holds That Appointment of Commissioner is Not Dependent on Commencement of Trial and Is Within Court's Discretion.

The Bombay High Court at Aurangabad addressed the issue of whether a Court Commissioner for measurement of land under Section 75 read with Order 26 Ru...

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Bombay High Court Dismisses Second Appeal in Land Encroachment Suit — Concurrent Findings of Fact Not Interfered With. Plaintiff Failed to Prove Title and Encroachment Over Suit Land; Appeal Dismissed Under Section 100 CPC.

The present second appeal was filed by the original plaintiff, Sau. Indira Chhabildas Jadhav, challenging the concurrent judgment and decree passed by...

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Bombay High Court Allows Appeal Against Remand Order in Encroachment Suit — Remand for Remeasurement Without Setting Aside Trial Court's Findings on Evidence Held Impermissible Under Order 41 Rule 23 CPC. First Appellate Court Cannot Order Fresh Measurement to Fill Gaps in Plaintiff's Case.

The appellant, original defendant in a suit for removal of encroachment, challenged the order of the District Judge-3, Yavatmal, dated 05/07/2016 in R...

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Bombay High Court Allows Second Appeal in Land Encroachment Suit Due to Lack of Proper Measurement. Court holds that re-measurement of suit field and adjoining lands is necessary to determine encroachment when description of property in plaint is insufficient under Order VII Rule 3 CPC.

The case involves a second appeal filed by Laxman Wamanrao Nagapure against the judgment and order dated 6.8.2012 passed by the learned District Judge...

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Bombay High Court Allows Appeal Against Rejection of Temporary Injunction in Tender Cancellation Dispute. Court holds that the plaintiff has a prima facie case and balance of convenience in its favor regarding the cancellation of tender acceptance and forfeiture of earnest money.

The appellant, Sunil Mantri Realty Limited, filed an appeal against the order dated 29.09.2009 passed by the learned Joint Civil Judge Senior Division...