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Bombay High Court Dismisses Petition Challenging Arbitral Award for Use and Occupation Charges Against Occupant in Arbitration Petition Under Section 34 of Arbitration and Conciliation Act, 1996. Licensee Continuing in Possession After Termination is Liable to Pay Compensation at Agreed Rate, and Award is Not Patently Illegal....

The petitioner, Motabhai Paras Private Limited, was the original respondent in an arbitration proceeding initiated by the respondent, Western Paper & Yarn Pvt. Ltd. The dispute arose from an agreement...

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Bombay High Court Upholds Arbitral Award in Favor of Contractor in Naval Project Dispute — No Interference Under Section 34 of Arbitration Act as Findings Are Plausible and Not Perverse. The court held that the arbitrator's findings on delays, hindrances, and quantum were based on evidence and not open to challenge under Section 34....

The Union of India, through the Director General, Naval Project (MB), filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral award dated 24 December 2...

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Bombay High Court Partly Allows Criminal Appeals, Modifying Conviction in Free Fight Case. Accused Claimed Self-Defence in Quarrel Leading to Death; Court Examined Suppression of Genesis and Unexplained Injuries....

The appeals arose from the judgment of the Additional Sessions Judge-4, Aurangabad in Sessions Case No. 307/2009. The trial court convicted the appellants in Criminal Appeal No. 19/2011 under Sections...

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Bombay High Court Allows Appeal Against Dismissal of Private Complaint in Default, Restores Complaint for Trial on Merits. The court held that dismissal of a private complaint in default amounts to acquittal, and the Magistrate must hear the complainant before dismissing the complaint....

The appellant, Sitaram Dhanad, filed a private complaint before the Judicial Magistrate, First Class, Gangapur, alleging that on 1.8.2009, the respondents (accused) assaulted him with a wooden handle ...

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Bombay High Court Dismisses Challenge to Reconstitution of Watershed Management Committees. Policy Change by Government Resolution Does Not Require Reasons and No Vested Right Exists in Committee Membership....

The petitioners, who were elected members of committees formed under the Integrated Watershed Management Programme (IWMP) and had registered a cooperative society, challenged a Government Resolution d...

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Bombay High Court Allows Amendment of Written Statement in Civil Suit — Liberal Approach to Pleadings Under Order 6 Rule 17 CPC. The court held that an amendment to amplify an existing plea should be liberally allowed before trial, and the due diligence requirement is not an absolute bar....

The petitioner, Shri Cesar Augusto do Rego Fernandes, filed a writ petition challenging an order of the Civil Judge, Junior Division at Panaji, which rejected his application for amendment of the writ...

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Bombay High Court Dismisses Suit for Specific Performance of Agreement for Sale of Land Due to Limitation and Lack of Readiness and Willingness. Plaintiff's claim for 15% share in property fails as suit filed beyond limitation period and plaintiff failed to prove readiness and willingness to perform his part of contract....

The plaintiff, Kantilal Vasanji Chheda, filed a suit in 1994 seeking a declaration that an agreement dated 10th April 1981 for purchase of an open plot of land called Irani property at Lonavla was val...

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Bombay High Court Dismisses State Appeal Against Acquittal in Dowry Death Case — No Evidence of Abetment to Suicide or Cruelty Under Sections 498-A, 306 IPC. The suicide note exonerated the accused, and the prosecution failed to prove cruelty or instigation beyond reasonable doubt....

The State of Maharashtra appealed against the judgment and order dated 7th May 1997 passed by the Additional Sessions Judge, Raigad-Alibag, acquitting the respondent Madhukar Raghunath Kambari of offe...

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Bombay High Court Dismisses Appeal Against Arbitral Award in Railway Construction Contract Dispute. Court Upholds Award Under Section 34 of Arbitration and Conciliation Act, 1996, Finding No Patent Illegality or Perversity in Tribunal's Findings on Claims for Work Done, Security Deposit, and Underutilization of Resources....

The case involves an appeal by the Union of India (Central Railway) against a decision of a Learned Single Judge of the Bombay High Court, which rejected a petition under Section 34 of the Arbitration...