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Arbitration Award Set Aside – Fresh Arbitration Permissible. Supreme Court’s Observations on Merits Do Not Bar Fresh Arbitration – Section 11 Application Allowed...

Arbitration Award Set Aside – The Arbitral Award was set aside by the Division Bench of the Bombay High Court under Section 37 of the Arbitration and Conciliation Act, 1996, and the Supreme Court u...

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Bombay High Court Dismissed the Writ Petition Challenging Base-Rate Method for Tender Evaluation. Contractual Matters — Tender Evaluation — Base-Rate Method Applied — No Arbitrariness or Unreasonableness Found — Judicial Review in Tender Process Limited to Cases of Visible Malafides or Irrationality...

Constitution of India, 1950 (COI) — Article 226 — Judicial Review — Scope of Court’s Interference in Government Contracts — Court Held that Judicial Review is Limited to Cases of Arbitrarine...

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High Court Recalls Order Due to Violation of RBI Directives and Unlawful Compromise Affecting Third-Party Rights. Recall of Order Based on Unlawful Compromise in Loan Assignment Dispute...

Unlawful Compromise: A compromise under Order XXIII Rule 3 of the CPC must be lawful. The assignment of Shaila Clubs' loan to Savannah was unlawful as it violated RBI Directives, which prohibit the tr...

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Development Agreement Construed as Conveyance Due to Transfer of Substantial Property Rights — Bombay High Court Dismissed Writ Petition Challenging Stamp Duty Classification...

Distinction Between Conveyance and Development Agreement — Extensive Rights of Developer Held as Conveyance Under Maharashtra Stamp Act, 1958 Substance over form — The actual transfer of rights a...

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Bombay High Court Directed Payment of Interest on Withheld Retirement Dues After Departmental Inquiry Exoneration. Interest Granted on Delayed Payment of Retiral Benefits to Exonerated Employee...

The court ruled that interest is compensatory in nature and must follow when an employee is deprived of their rightful money. Delay in disbursement of retiral benefits due to pending inquiry entitles ...

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High Court of Bombay Set Aside Patent Application Rejection Due to Procedural Lapses and Non-Consideration of Material Evidence. Detailed Scrutiny Ordered for Patent Application with Direction for Reassignment to a Different Officer....

a) Breach of natural justice due to lack of notice on critical objections. b) Misappreciation of documentary evidence, including the Deed of Assignment. c) The court upheld the right to withdraw pre-g...

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High Court of Judicature at Bombay Set Aside Order of Revisional Authority in Membership Eligibility Dispute. Enrollment of Members Without Fulfilling Statutory Conditions—Interference by Revisional Authority Quashed—Findings of Registrar and Appellate Authority Upheld...

a) Registrar’s powers under Section 11 of the MCS Act are confined to determining the factual eligibility of prospective members. b) Revisional Authority’s intervention unwarranted—No jurisdicti...

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High Court of Bombay Dismisses Interim Application, Holds Limitation and Due Diligence as Key Issues in Share Recovery Suit. Summary Judgment Denied in Share Dispute Due to Limitation and Need for Oral Evidence...

Summary Judgment under Order XIII-A of the CPC: The Court held that a summary judgment can only be granted if the Defendant has no real prospect of defending the claim and there is no compelling reas...

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Acquisition Proceedings Declared Lapsed. Non-payment of Compensation and Non-possession of Acquired Land for Over Five Years Resulted in Lapsing of Acquisition Proceedings Under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013....

Mere mutation entries without kabjepatti or credible evidence of possession do not establish the taking over of physical possession. Absence of notice under Section 12(2) and failure to offer or tende...

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Appropriate Government for ARAI held to be State Government – Petitioner not deemed a ‘workman’ under Section 2(s) of the Industrial Disputes Act, 1947 – Petition dismissed...

The petitioner’s supervisory and managerial functions disqualified him from being classified as a ‘workman.’ The nature of duties and responsibilities, rather than designation, determines the s...