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Arbitration Clause Upheld – Bombay High Court Appoints Sole Arbitrator Despite Procedural Objections

Technical Plea on Incorrect Citation of Arbitration and Conciliation Act, 1996 – Rejected – Arbitration Proceedings to Commence Without De...

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Supreme Court Restores Personal Insolvency Proceedings Against Personal Guarantor – High Court’s Judicial Review Set Aside

Interpretation of Insolvency and Bankruptcy Code, 2016 – Limits of High Court’s Jurisdiction Under Article 226 of the Constitution of India The S...

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Bar on Testamentary Disposition of Tenanted Land – Protection of Possession under Section 53A of the Transfer of Property Act – Appreciation of Oral and Documentary Evidence – Injunction and Declaration of Title – Relevance of Admissions in Evidence

Statutory Bar under Section 43 Upheld – Held that testamentary disposition of tenanted land was barred, and the Will relied upon by the defendants w...

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Forfeiture of Gratuity – No Conviction Required for Moral Turpitude – Supreme Court Clarifies Legal Position. Termination for misconduct constituting an offence involving moral turpitude permits forfeiture of gratuity even without a criminal conviction.

Conviction Not Necessary for Forfeiture – The Supreme Court overruled the earlier interpretation in C.G. Ajay Babu (2018), holding that Section 4(6)...

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Supreme Court Dismissed Appeal on Stamp Duty Liability in Agreement to Sell – Reiterated Possession Clause Governs Duty Implication

Stamp Duty – Bombay Stamp Act, 1958 – Agreement to Sell Deemed as Conveyance When Possession Delivered – Courts Impounded Document for Recovery ...

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Motor Vehicles Act, 1988 – Code of Civil Procedure, 1908 – Indian Penal Code, 1860 – Compensation Enhanced by Supreme Court for Motor Accident Victim on Appeal

Supreme Court of India Enhanced Compensation for Motor Accident Victim Citing 100% Disability and Reassessing Monthly Income – Civil Appeal No. 2322...

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Motor Vehicles Act, 1988 – Compensation Enhanced by Supreme Court for Amputation Injury – Functional Disability Fixed at 90% – Age Determined as 22 Years – Compensation Increased to Rs.28,93,494/- from Rs.10,10,004/- by High Court and Rs.6,70,000/- by MACT

Constitution of India, 1950 (COI) – Article 136 – Special Leave Petition filed challenging the compensation awarded by MACT and modified by High C...

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Interpretation of Devasthan Regulations and Imposition of Costs Quashed. High Court of Bombay at Goa Upholds Tribunal’s Interpretation of Devasthan Regulations but Sets Aside Arbitrary Costs Imposed on Petitioner

Interpretation of Article 40: The Court held that the Administrative Tribunal’s interpretation of Article 40 was sound and legally sustainable. Th...

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Quashing of Show Cause Notice issued by the Director General of Foreign Trade under the Foreign Trade (Development and Regulation) Act, 1992 – Applicability of Policy Circular and Doctrine of Res Judicata – Prospective and Retrospective Clarification of Foreign Trade Policy, 2004–2009

The High Court of Bombay quashed and set aside the Impugned SCN, holding that it was barred by the doctrine of res judicata and constituted an arbitra...

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Executionary Powers of District Magistrate Under Maharashtra Cooperative Societies Act, 1960 — No Obligation for Independent Inquiry or Borrower's Hearing.

The Court held that: (a) The Special Recovery Officer was duly notified via the gazette notification. (b) The District Magistrate’s function under R...