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Bombay High Court Allows Contractor's Suit for Recovery of Unpaid Amounts and Interest in Construction Contract Dispute. Holds that Delayed Payments Attract Interest Under Section 61 of the Indian Contract Act, 1872, and Excess Recovery from Mobilisation Advance Must Be Refunded....

The plaintiff, M/s Ajay Deep Construction Pvt. Ltd., filed a suit against the Maharashtra State Police Housing & Welfare Corporation Ltd. for recovery of Rs.1,09,78,024 together with interest. The dis...

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Bombay High Court Dismisses Habeas Corpus Petition Filed by Mother Against Daughter-in-Law, Finds Collusion Between Petitioner and Alleged Detenu. Court holds that habeas corpus remedy is not available when the alleged detenu is a major who voluntarily resides with his wife and the petition is filed in collusion to harass the wife in a matrimonial dispute....

The petitioner, Shaikh Shabana, filed a habeas corpus petition alleging that her son, Shaikh Atik, was illegally detained by his wife, Mahek Hanif Shaikh, and her family. She claimed that Atik was lur...

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High Court of Karnataka Quashes Criminal Proceedings in Dishonour of Cheque Cases Due to Lack of Proper Service of Demand Notice. The court held that service of notice under Section 138 of the Negotiable Instruments Act, 1881 must be proved by the complainant, and mere endorsement of 'refused' on the returned envelope is insufficient without further evidence....

The petitioner, IBM India Private Limited, filed writ petitions under Articles 226 and 227 of the Constitution read with Section 482 CrPC to quash the order dated 17.11.2017 passed by the LVIII Additi...

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High Court of Karnataka Enhances Compensation for Workman in Tractor Accident Case — Loss of Earning Capacity Reassessed at 100% Under Employee's Compensation Act, 1923. Amputation of leg and fracture rendered driver permanently totally disabled, warranting full compensation....

The appellant, Shrishail Mallappa Ganiger, was employed as a driver of a tractor owned by respondent No.1, Girish Subhash Dhavaleshwar, and insured with respondent No.2, National Insurance Co. Ltd. On...

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Bombay High Court Upholds Acquittal of Husband in Dowry Harassment and Abetment of Suicide Case — No Evidence of Cruelty or Instigation. Allegations of demand for money and harassment found unsubstantiated; suicide note did not implicate accused; conviction under Sections 498A and 306 IPC set aside....

The case arises from the suicide of Vigya, who married the accused Sandip Sundar Shetty in a love marriage on 14th December 1997. The couple lived in Delhi from early 1998 until October 2004, when Vig...

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Bombay High Court Allows Writ Petition by Debenture Trustee Seeking Enforcement of Security Interest Against Developer and Its Directors Under SARFAESI Act — Held That Trustee Is a 'Secured Creditor' Entitled to Take Possession of Mortgaged Property Despite Pending RERA Proceedings....

The petitioner, IDBI Trusteeship Services Limited, a debenture trustee, filed a writ petition seeking a direction to the District Collector, Pune, and the Additional Tehsildar to take possession of a ...

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Bombay High Court Dismisses Employer's Challenge to Labour Court Awards in Industrial Dispute Cases. Reinstatement with Back Wages Upheld for Workmen Found to Have Completed 240 Days of Service and Terminated Without Compliance with Section 25-F of Industrial Disputes Act, 1947....

The judgment pertains to a batch of writ petitions filed by Duncan Engineering Ltd. (erstwhile Schrader Duncan Ltd.) challenging separate awards passed by the Labour Court, Pune, in favour of several ...

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High Court of Bombay at Goa Examines Conviction Under Section 302 IPC in Matricide Case. Court Considers Whether Offence Falls Under Exception 4 to Section 300 IPC as Culpable Homicide Not Amounting to Murder Due to Sudden Fight Without Premeditation....

The appeal arose from a criminal appeal filed through legal aid against the judgment and order dated 31/06/2013 in Sessions Case No. 34/2013 passed by Additional Sessions Judge, Mapusa, Goa, convictin...

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Bombay High Court Dismisses Petition Seeking Enhanced Compensation Under Section 28A of Land Acquisition Act Based on Lok Adalat Award. Lok Adalat Award Not an Award of Court Under Part III of Land Acquisition Act, 1894....

The petitioners' land was acquired by the State for a storage lake along with other lands. An award under Section 11 of the Land Acquisition Act, 1894 was made on 26 February 2010, and compensation wa...