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Bombay High Court Quashed Termination Notice Due to Unfair and Arbitrary Action

Contract Law – Judicial Review – Public Law Element – Principles of Fairness and Reasonableness – Article 14 of the Constitution of India The...

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Bombay High Court Dismissed Writ Petition Challenging Unilateral Deemed Conveyance Order Passed Under Section 11 of the Maharashtra Ownership Flats Act, 1963.

Deemed Conveyance – Competent Authority’s Quasi-Judicial Jurisdiction – Civil Suit for Title and Ownership Disputes – No Interference Under Ar...

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Bombay High Court Appoints Sole Arbitrator Despite Objections Regarding Privity of Arbitration Agreement

Section 11 Petition Under Arbitration and Conciliation Act, 1996 — Jurisdiction Limited to Examining Existence of Arbitration Agreement — Scope of...

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Bombay High Court Directs Refund of Excess Tax Adjustment and Expedites Disposal of Pending Appeal. Unjustified Delay in Adjudicating Stay Application and Appeal Held Prejudicial to Taxpayer’s Rights

The court deprecated delay of over six years in deciding stay application and appeal.  Held that excess recovery was unjustified and directed refund ...

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Jurisdictional Overreach by ITAT – Income Classification Dispute – Real Income Theory – Remand for Limited Adjudication

ITAT’s Jurisdiction Under Section 254(2) of the Income Tax Act, 1961 – Set Aside for Exceeding Mandate – Remanded for Limited Adjudication The ...

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Bombay High Court Quashed Rejection of Junior Clerk’s Appointment Proposal and Imposed Costs on Management. Appointment Order Upheld Despite Procedural Irregularities — Court Directed Approval with Cost Penalty on Management

The Court found procedural irregularities in the recruitment process but noted that the appointed candidate was not at fault. Held that the post of J...

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Removal of Managing Committee Members Under Section 78A of the Maharashtra Co-operative Societies Act, 1960 – Validity of Membership and Jurisdiction of Registrar

Court Upholds Removal of Committee Members Without Ownership of Flats in Society’s Building – Developer’s Dual Role Under Scrutiny The Court up...

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Bombay High Court Issued Writ of Prohibition Against Proceedings by Non-Financial Institution

Constitution of India, 1950 (COI) – Article 226 and Article 227 – High Court’s writ jurisdiction to issue Writ of Prohibition when there is a cl...

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Bombay High Court Quashed Arbitral Tribunal’s Order on Jurisdiction — Distributor Agreement’s Extension and Arbitration Clause Dispute

Interpretation of Arbitration Agreement’s Validity Post Expiration of the Principal Contract — Section 37(2)(a) of the Arbitration and Conciliatio...