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Bombay High Court Dismisses Petition to Restrain Encashment of Performance Bank Guarantee in Arbitration Dispute. Court holds that bank guarantee is an independent contract and injunction can only be granted in cases of fraud or irretrievable injustice, which were not established....

The petitioner, Karam Chand Thapar & Bros. (Coal Sales) Ltd., filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking an injunction to restrain the respondent, Hindusta...

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Bombay High Court Acquits Convict in Murder Case Due to Lack of Evidence and Unreliable Circumstantial Links. Conviction under Section 302 IPC for smashing head with stone set aside as prosecution failed to prove guilt beyond reasonable doubt....

The appellant, Kurashid Mohd. Umar Ghori, was convicted by the 8th Ad-hoc Additional Sessions Judge at Sewree, Mumbai on 21st June 2008 in Sessions Case No.518 of 2007 for the murder of Hussain Mohd. ...

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Bombay High Court Grants Anticipatory Bail to Accused in MVAT Act and IPC Fraud Case — No Custodial Interrogation Required as Documents Seized. Court Held That Since Documents Were Already Seized and Applicant Was Not Required for Custodial Interrogation, Anticipatory Bail Under Section 438 CrPC Could Be Granted....

The applicant, Hasmukh Jagasi Visharia, filed an application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 (CrPC) in connection with C.R. No.8 of 2013 registered at N...

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Bombay High Court Allows CHA License Suspension Challenge, Directs Hearing Within Two Weeks. Regulation 21 of Customs House Agent Licensing Regulations, 2004 must be read with natural justice; post-decisional hearing sufficient where immediate action warranted....

The petitioner, S.R.Sale & Co., a Customs House Agent (CHA), challenged an order dated 12 September 2012 passed by the Commissioner of Customs (General), Mumbai, under Regulation 21 of the Customs Hou...

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Bombay High Court Quashes Circular Restricting Carry Forward of Reserved Vacancies in Maharashtra Public Services. Circular dated 27.10.2008 held ultra vires the Maharashtra Act No.VIII of 2004 and Articles 16(4A) and 16(4B) of the Constitution....

The petitioner, Magas Varga Karmachari Adhikari Suraksha Mahasangh, a society, filed a writ petition before the Bombay High Court challenging a circular dated 27.10.2008 issued by the State of Maharas...

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High Court of Bombay at Goa Hears Challenge to Royalty Rules Under MMDR Act. Petitioners Argue Notification and Amended Rule 64D Exceed Section 9(3) Powers....

These writ petitions arose out of challenges by various mining leaseholders in Goa to the notification dated 13 August 2009, the amendment to Rule 64D of the Mineral Concession Rules, 1960, and a dire...

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Bombay High Court Upholds Conviction for Murder and Causing Disappearance of Evidence in Wife Strangulation Case. Circumstantial Evidence Including Last Seen Theory and False Explanation Sufficient to Sustain Conviction Under Sections 302 and 201 IPC....

The appellant, Appasaheb Sadashiv Khairnar, was convicted by the Additional Sessions Judge, Niphad, for the murder of his wife Sundarabai on 05.02.2005 by strangulation (Section 302 IPC) and for causi...

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Bombay High Court Quashes Suspension Order in Disciplinary Proceeding Due to Non-Compliance with Standing Orders. Employer Failed to Follow Mandatory Procedure Under Industrial Employment (Standing Orders) Act, 1946 Before Placing Employee Under Suspension....

The petitioner, Deepak Narayan Joshi, was employed by Hindustan Organic Chemicals Limited (Respondent No.1) as a Chemical Operator since 1.7.1987 and had been promoted to Chemical Grade II (U). On 3.1...