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Supreme Court Rejects Recusal Plea in Land Acquisition Reference. Judge Who Decided Smaller Bench Can Sit in Larger Bench to Reconsider Same Issue as Bias Plea Based on Extrajudicial Factors.

This order arises from a reference to a five-judge Constitution Bench of the Supreme Court of India concerning the interpretation of Section 24 of the...

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Bombay High Court Dismisses Recusal Application by Advocate in Official Liquidator's Report — Advocate's Conduct Found Obstructive and Discourteous. Court Holds That Adverse Remarks Against Counsel Do Not Automatically Warrant Recusal Unless Bias Is Demonstrated.

The judgment arises from an application/praecipe filed by Advocate Mathews J. Nedumpara on 14th October 2014, requesting that Justice S.J. Kathawalla ...

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Supreme Court Admits Contempt Appeal with Stay of Sentence and Rejects Recusal Request. Recusal cannot be demanded by litigant without just grounds; unfounded allegations of bias aimed at forum hunting are not countenanced.

The Supreme Court dealt with a criminal appeal under Section 19(1) of the Contempt of Courts Act, 1971, filed by Seema Sapra against the judgment of t...

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Supreme Court Dismisses Recusal Request as Forum Shopping and Bench Hunting in Criminal Appeal. Petitioner's belated recusal prayer based on strictures passed in 2011 held to be mala fide attempt to avoid the bench.

The Supreme Court was hearing a special leave petition (SLP (Crl.) No. 9445 of 2022) filed by Sanjiv Kumar Rajendrabhai Bhatt against the State of Guj...

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Bombay High Court Dismisses Section 34 Challenge to Arbitral Award in Partnership Dispute — Upholds Award of Rs. 7.39 Crore with Interest. Limitation plea rejected as claim was within time; quantification not perverse.

The judgment concerns a Commercial Arbitration Petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral award ...

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Bombay High Court Upholds Eviction Decree in Landlord-Tenant Dispute — Tenancy Validly Terminated Under Section 106 of Transfer of Property Act, 1882. Relationship of landlord and tenant established through lease agreement and rent receipts, and notice of termination held valid.

The case involves a second appeal arising from a suit for eviction and possession filed by the original plaintiff (since deceased, represented by lega...

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Arbitrator’s Independence and Impartiality – Applicability of Fifth and Seventh Schedules of the Arbitration and Conciliation Act, 1996 – Jurisdiction of the Court under Section 14 of the Act

The Court held that the Learned Sole Arbitrator did not attract any ineligibility conditions under the Seventh Schedule. The Court emphasized that onl...

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Bias vs. Fair Hearing – Supreme Court Restores Shiksha Karmi Appointments Due to Procedural Infirmities

Constitution of India, 1950 Article 14 – Right to equality – Violation of procedural fairness – Absence of notice and opportunity to be heard �...