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EMAAR INDIA LTD v. TARUN AGGARWAL PROJECTS LLP
The Supreme Court held that courts must conduct a preliminary inquiry into arbitrability under Section 11 of the Arbitration Act before appointing arbitrators when disputes fall under an exclusion clause, and remitted the matter for fresh consideration.
EMAAR INDIA LTD v. TARUN AGGARWAL PROJECTS LLP
The Supreme Court held that courts must conduct a preliminary inquiry on arbitrability before appointing arbitrators under Section 11 of the Arbitration Act when a dispute falls under an express non-arbitrable clause, and remitted the matter for fresh consideration.
State of Maharashtra v. Madhuri Maruti Vidhate
The Supreme Court held that a married daughter is not entitled to compassionate appointment as it is a concession for dependent family members to relieve sudden financial distress, and set aside the orders directing such appointment after a long delay.
State of Maharashtra v. Madhuri Maruti Vidhate
The Supreme Court held that a married daughter is not entitled to compassionate appointment years after the death of the government employee, emphasizing that such appointments are a humanitarian exception for immediate dependents in financial crisis.
The State of Maharashtra v. Mr. Aspi Chinoy and Another
The Supreme Court held that Government Resolutions on concessional land allotment to Co-operative Societies do not apply when land is leased to a builder who sells flats on ownership basis and purchasers form a Society, dismissing the State's appeal against registration of flat transfers without a No Objection Certificate.
Bashiroddin & Ors. v. Maharashtra Tourism Development Corporation & Anr.
The Supreme Court clarified that land acquisition compensation must be released 50% without security and 50% with security as per its order, rejecting MTDC's attempt to withdraw excess deposited amount and allowing appellants to receive full entitled compensation.
Bashiroddin & Ors. v. Maharashtra Tourism Development Corporation & Anr.
The Supreme Court held that the entire enhanced compensation must be disbursed to land losers with 50% released without security and 50% on furnishing security, rejecting MTDC's claim to withdraw mistakenly deposited excess amount.
Shri Chatrapati Shivaji Gaushala v. State of Maharashtra
The Supreme Court held that seized cattle must be handed over to animal welfare organizations pending trial under the Maharashtra Animal Preservation Act, emphasizing the Magistrate's discretion and the need for expeditious trials to protect animal welfare.
Executive Engineer (R and B) and Others v. Gokul Chandra Kanungo
The Supreme Court reduced the exorbitant 18% interest awarded by the arbitrator to 9% per annum and disallowed interest for periods of respondent's inaction, emphasizing reasoned exercise of discretion under Section 31(7)(a) of the Arbitration Act and the Court's power under Article 142 to ensure justice.
Ajwar v. Niyaj Ahmad
The Supreme Court set aside the High Court’s bail order in a murder case, emphasizing the necessity of reasoned judicial orders considering the gravity of offence and accused’s role before granting bail.
Shri Chatrapati Shivaji Gaushala v. State of Maharashtra
The Supreme Court held that seized cattle must be handed over to animal welfare organizations pending trial under the mandatory proviso to Section 8(3) of the Maharashtra Animal Preservation Act, setting aside the High Court's order granting custody to the owners.
Securities and Exchange Board of India v. Central Information Commissioner & Ors.
The Bombay High Court held that SEBI must reconsider RTI requests for certain information after complying with mandatory third-party procedures under Section 11, balancing transparency with fiduciary and privacy exemptions under Section 8.
Allahabad Bank v. Chetan Gadi
The Delhi High Court dismissed the bank's appeal against the execution court's refusal to adjust advance rent against use and occupation charges, upholding the payment directions in the decree.
Rajni Sharma v. Des Raj Sethi
The Delhi High Court allowed the appellant's appeal in execution proceedings by permitting payment of the decree amount in installments and quashing attachment orders, while rejecting challenges to the arbitral award.
J P Constructions v. Tahal Consulting Engineers India Pvt Ltd
The Delhi High Court held that at the Section 11(6) stage, only a prima facie arbitration agreement needs to be established and appointed an arbitrator despite disputes over the petitioner's status and authority.
Shree Hari Chemicals Export Ltd. v. Grocery Markets and Shops Board for Greater Mumbai
The Bombay High Court held that the Mathadi Act and Grocery Scheme apply only to a specific class of unprotected workers and their employers, not to factories employing regular workers, and emphasized mandatory legislative procedure for scheme validity.
Sachin Laxman Dandekar v. State of Maharashtra
The Bombay High Court reclassified the appellants' conviction from murder under Section 302 IPC to culpable homicide not amounting to murder under Section 304 Part II IPC, holding the killing occurred in sudden heat of passion without premeditation.
Sunil Mallikarjun Patil v. State of Maharashtra
The Bombay High Court held that failure to acquire reserved land within one year under section 127 of the MRTP Act causes the reservation to lapse, and a landowner cannot be compelled to accept TDR in lieu of compensation.
Sukhbiri Devi & Ors. v. Union of India & Ors.
The Supreme Court upheld dismissal of a declaratory suit as barred by limitation, affirming that limitation can be decided as a preliminary issue under Order XIV Rule 2(2) CPC when facts are admitted, and Article 136 of the Limitation Act does not extend limitation for such suits.
Sukhbiri Devi & Ors. v. Union of India & Ors.
The Supreme Court upheld dismissal of a declaratory suit as barred by limitation, holding that limitation can be decided as a preliminary issue when foundational facts are admitted and that Article 136 of the Limitation Act does not extend limitation for such suits.