Bombay High Court - The Advocates empanelled with the Maharashtra Legal Services Authority to give legal aid to the litigants are paid lumpsum amount of Rs.6,000/- after the matter is over and not according to the Schedule as per Regulation 18(1) of the Authority Regulations. #bombayhighcourt #legalaid #legalservicesauthority #panel #fees #legaldeli Sham Joshi https://lnkd.in/diYNpT62
About us
Daily and regular updates as also analysis / articles on the important Judgements / Orders of the Supreme Court of India, High Courts, Tribunals, Commissions, Consumer Forums, Government Resolutions, articles of interest for the Citizens, Advocates and the litigants, latest National & International News, updates from various Ministries of the Government of India and other Governments, comments on recent news, etc;
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https://www.legaldeli.in/
External link for LegalDeli.in
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- Legal Services
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- Headquarters
- Pune, Maharashtra
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- Privately Held
- Founded
- 2022
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Sargam Soc. Nanded city
Pune, Maharashtra 411041, IN
Updates
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Bombay High Court - Writ Petition challenging the order dated 12.1.2015 of the Cantonment Board, Pune, for demolition of unauthorised construction in Red Zone declared under the Works of Defence Act, 1903, is dismissed with costs of Rs.1,00,000/-. #bombayhighcourt #cantonmentact #cantonmentboard #redzone #worksofdefenceact1903 #unauthorisedconstruction #legaldeli Sham Joshi https://lnkd.in/dR2YKTyT
Cantonment Area of Pune – Unauthorised Constructions in Red Zone
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Bombay High Court - Section 96(b) of the Cantonment Act, 2006, is identical to Section 87(b) of the Cantonment Act, 1924. Section 96(b) neither contravenes the equality clauses in Article 14 nor imposes any unreasonable restriction on the right under Article 19(1)(g) of the Constitution of India. #bombayhighcourt #cantonmentact2006 #cantonmentboardpune #propertytax #appeal #predeposit #legaldeli Sham Joshi https://lnkd.in/dT-4BV5g
Section 96(b) - Cantonment Act 2006 – Constitutional Validity – Property Tax
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Important Judgment that the appointment of Arbitrator with the consent of parties to the arbitration agreement does not become unilateral for want of consent of non-signatory third party. Sham Joshi https://lnkd.in/dag9qzWQ
Here's a recent judgment of the Delhi High Court that may pique your interest. Basics: Unilateral appointments of arbitrators are illegal. Collusion by parties is antithetical to arbitration. Parties must be treated equally. Critique: The decision effectively holds that the nomination of an arbitrator is not unilateral in a tri-partite arbitration, as long as the 2 parties to the arbitration agreement consented to it. That is, in case of a joinder of a third-party to an arbitration, such third-party need not consent to such arbitrator; and in the absence of such consent - the procedure u/s 11 (for appointment by the court) need not be followed. This may set a wrong precedent in cases where the claimant and respondent are colluding with each other to the detriment of a third-party (YSL in this case). Disclosure: Views are personal. I have previously appeared for YSL in the matter.
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Kerala High Court has made the position of law clear that the Arbitrator cannot enforce its own order by directly intimating its attachment order to the Sub-Registrar. It is the party concerned who will have to invoke the power of the Civil Court for enforcement of Award. The Arbitrator cannot exercise sovereign function of enforcement which is vested in the civil court. The Sub-Registrar or any revenue official is not bound by order of Arbitrator unless it is enforced through the Civil Court. Sham Joshi https://lnkd.in/dWs4zuFE
Dispute Resolution l ODR I Mediation l Arbitration l Negotiations I Mediation & Arbitration Advocacy I APCAM Accredited Arbitrator I APCAM Certified Mediator I APD
“On conclusion, we are of the view that the arbitral tribunal usurped the power of civil court by directly intimating the order of attachment to the Sub Registrar and the Village Officer. That direction will have to be nullified. Accordingly, we nullify the direction. The Sub Registrar or any revenue officials is not bound by any orders passed by the arbitral tribunal unless such an order is enforced through the civil court. We make it clear that the Sub Registrar or any revenue officials shall not act on the direct intimation of the arbitral tribunal regarding attachment unless and until it is enforced through a civil court.”
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Bombay High Court - Landmark Judgment in PIL filed by Vanashakti represented by Mr.Akash Rebello, Advocate - OM dated 19.2.2021 permitting post facto clearance is illegal. #bombayhighcourt #environment #publicinterestlitigation #coastalzoneregulations #postfacto #crz #clearance Sham Joshi Akash Rebello https://lnkd.in/dDW_k-DX
Environment – Post facto CRZ Clearance - Legality of OM dated 19.2.2021
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Bombay High Court HELD that it is not the case of the Insurer that the body was planted or someone else was falsely included in the accident record. No such questions are put in the cross-examination of the witnesses. Moreover, it is not possible to disbelieve the evidence of Respondent No.1 coupled with the papers including FIR, statements and Panchanama drawn after the accident. Therefore, the contention of the Insurer based on the report showed that death of victim occurred about 18 to 20 hours before conducting post-mortem was negatived. #bombayhighcourt #accident #death #compensation #insurer #postmortem #liability #legaldeli Sham Joshi https://lnkd.in/dmwEUkkQ
Accident compensation – Death of Victim disputed in view of Postmortem Report - LegalDeli.in
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Bombay High Court - Appointment of a Member of Goa RERA in breach of the recommendations on the order of preference of panel recommended by the Selection Committee is illegal. #bombayhighcourt #rera #goa #selectioncommittee #recommendations #legaldeli Sham Joshi NILESH GALA https://lnkd.in/dnyYCyrU
RERA – Goa - Appointment of Member - Selection Committee
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Importance of original title documents of property for the owner and injury caused by the Bank for the loss of original - Judgment of the National Consumer Commission #ncdrc #consumer #customer #homeloan #bank #original #titledeeds #loss #compensation Sham Joshi https://lnkd.in/drrQBxmH
Compensation -loss of original title deeds by the Bank
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MP High Court - Mother's petition for maintenance was opposed by one of four sons on the ground that he was not given any land and other sons were given the property. #mphighcourt #seniorcitizens #maintenance #sons #property #legaldeli Sham Joshi https://lnkd.in/dYqxth8q
Senior Citizens Act – Maintenance of parents does not depend on property given to the children.
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