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Bombay High Court Dismisses Writ Petition Challenging Termination of Contract by MMRDA. Contractual Dispute with Arbitration Clause Not Amenable to Judicial Review Under Article 226 as Termination Was in Accordance with Contract Terms.

The petitioner, Systra MVA Consulting (India) Pvt. Ltd., a company with 70% stake in Systra-SMCIPL Consortium, was appointed as General Consultant by ...

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Bombay High Court Dismisses Challenge to Land Acquisition for CIDCO Project, Upholds Validity of Acquisition Under 2013 Act. Court holds that acquisition under the 1894 Act had lapsed but was validly revived under the 2013 Act, and that the Court Receiver was not in possession at the time of taking over.

The case involves three writ petitions concerning the acquisition of land bearing survey no. 59/8 at Village Asudgaon, Taluka Panvel, District Raigad,...

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Supreme Court Dismisses Appeals in Partition Suit, Upholding High Court's Decree on Property Shares and Invalidating Compromise. Legal Heirs' Dispute Over Ancestral and Self-Acquired Properties Resolved with Shares Determined Under Hindu Law, and Compromise Set Aside Under Code of Civil Procedure, 1908.

The litigation originated from a partition suit filed by Charulata Sahoo (plaintiff) against her brother Prafulla Sahoo (defendant No. 1) and sister S...

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Bombay High Court Allows Appeal Against Receiver's Appointment in Embezzlement Suit. Third Party Claimants Not Party to Suit Cannot Have Receiver Appointed Over Their Properties Without Trial.

The appeal arose from an order dated 5th September 2019 passed by a learned Single Judge (R.I. Chagla J.) on a motion filed by the original plaintiff ...

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Bombay High Court Allows Impleadment of Beneficiaries in Trust Petition — Order 1 Rule 10 CPC Applies. Court holds that persons claiming beneficial interest under a trust are necessary and proper parties to a trust petition under Section 41A of the Presidency Small Cause Courts Act, 1882.

The case involves a Chamber Summons filed by the petitioner, Harishchandra Amarnath Puri, in a Trust Petition (No. 1 of 2017) pending before the Bomba...

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Bombay High Court Allows Appointment of Receiver in Execution Under Section 51(d) CPC Despite Property Being Outside Territorial Jurisdiction. Section 39(4) CPC Does Not Bar Appointment of Receiver as It Is an Independent Mode of Execution.

The case involves a Chamber Summons filed by the decree-holders, Vistra ITCL (India) Limited and IIRF Holdings III Limited, in an execution applicatio...

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Bombay High Court Holds Arbitral Tribunal Cannot Appoint Court Receiver Under Section 17 of Arbitration Act. Court Receiver is an Officer of the High Court Subject Only to Chief Justice's Supervision.

The Court Receiver, High Court, Bombay filed a Report seeking directions on whether the Registry should accept matters where an Arbitral Tribunal appo...

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Bombay High Court Dismisses Employer's Petition and Allows Workmen's Petition in Gratuity and Bonus Dispute. Employer's Liability Under Payment of Gratuity Act, 1972 and Industrial Disputes Act, 1947 Continues Despite Partnership Dissolution and Court Receivership.

The judgment involves two connected writ petitions arising from the same factual matrix concerning a partnership firm, Daulatram Dyeing and Bleaching ...