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Bombay High Court — Section 11 of the Arbitration and Conciliation Act, 1996 — Whether a limited liability partnership (LLP) not being a signatory to the LLP Agreement can still be made a party to arbitration proceedings arising out of the agreement....

a) An LLP, though not a signatory, is inherently connected to the LLP Agreement and its arbitration clause. b) The LLP’s operations and the partners’ mutual rights and duties are governed by the L...

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Arbitration Petition Dismissed: No Binding Amendment to Development Agreement Established. Court Holds No Consensus Ad Idem on Essential Terms of Amendment – Section 37 of the Arbitration and Conciliation Act, 1996 Invoked...

Binding Amendment Requires Consensus on Essential Terms: – For a binding amendment to a development agreement, the parties must reach consensus ad idem on all essential terms, including the plot...

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Non-Compliance of NDPS Act Procedures Leads to Bail Grant: Bombay High Court Emphasizes Strict Adherence to Statutory Rules. Bail Granted Due to Procedural Lapses in NDPS Act Compliance – Court Directs Strict Implementation of Statutory Rules....

Procedural Lapses in NDPS Act Compliance: The Bombay High Court granted bail to four accused in a narcotics case due to non-compliance with the mandatory procedures under the NDPS Act, particularly th...

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Bombay High Court Quashes Orders Rejecting Regularization of Compassionate Appointments Due to Delay. Failure of the Employer to Inform and Assist in Filing Compassionate Appointment Applications Cannot Be Held Against the Applicants – Orders Quashed...

Employer's failure to fulfill its duty to inform and assist bereaved families in submitting applications within limitation cannot be held against the applicants. Procedural delays caused by the depar...

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High Court Quashes Land Acquisition for Navi Mumbai Project Due to Non-Compliance with Section 5A of the Land Acquisition Act, 1894. Court Upholds Farmers' Right to Hearing in Land Acquisition Proceedings, Strikes Down Urgency Clause Invocation...

Section 5A of the Land Acquisition Act, 1894 – Mandatory provision for hearing objections before land acquisition. Non-compliance renders acquisition invalid. Section 17 of the Land Acquisition Act,...

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Supreme Court of India set aside the High Court’s conviction and life sentence under Section 302 of the Indian Penal Code, 1860 (‘IPC’), granting acquittal due to inconsistent dying declarations and lack of corroborative evidence....

Supreme Court of India – Acquittal Granted, Benefit of Doubt Extended a) Inconsistent dying declarations require corroboration (Para 12-14) b) Benefit of doubt must be given where the prosecuti...

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Regularization of Contractual Employees — Interpretation of Initial Constitution under Sports Authority of India (SAI) Executive Cadre (Grade A) Staff Recruitment Rules, 2022 — Rejection of Recall Application...

The Court emphasized that once a concession was made by a party’s counsel and recorded by the court, the party could not later challenge the order based on misunderstanding or lack of instructio...

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Supreme Court Clarified the Scope of Interim Moratorium under Section 96 of the Insolvency and Bankruptcy Code, 2016 – Held That Regulatory Penalties Imposed by the Consumer Protection Act, 1986, Are Not Covered...

Invoking Insolvency Proceedings Cannot stay execution of Penalty Orders for Consumer Protection Law Violations – The Apex Court Upheld the NCDRC’s Authority to Enforce Consumer Rights (a) Interim...

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Supreme Court Allowed Appeal — Directed Inclusion of Appellant in General Provident Fund-cum-Pension-cum-Gratuity Scheme. Non-Exercise of Option for Contributory Provident Fund Automatically Entitled the Appellant to Default Pension Scheme...

Clear provisions of Chapter 16 of the University Statutes indicated automatic entitlement to the pension scheme in absence of opting for the Contributory Provident Fund. Non-exercise of option was not...

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Dishonour of Cheques — Security Deposit — Refund Conditional Upon Vacant Possession — Conviction Under Section 138 of the Negotiable Instruments Act, 1881 Set Aside...

The refund of security deposit was contingent on the respondent handing over vacant possession of the flat. The appellant was entitled to deduct unpaid rent and maintenance charges from the deposit.�...