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Bombay High Court Allows Doctor's Petition Challenging Cancellation of Sonography Centre Registration for Violation of Natural Justice. Pre-decisional hearing under Section 20(1) and (2) of Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 2003 is mandatory before cancellation of registration....

The petitioner, Dr. Prakash Shamrao Chaudhari, a medical practitioner, owned a sonography centre registered under the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) ...

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Bombay High Court Quashes Trial Court Order Rejecting Applications for Production of Documents in Cheating and Breach of Trust Case. Even Though Applications Were Filed After Evidence, Documents Were Already on Record with Charge Sheet, and Opportunity Should Be Granted Under Section 311 of the Code of Criminal Procedure, 1973....

The case arose from commercial transactions between the petitioner, a proprietor of Mirag Agro Services & Consultants, Sailu, and respondent no.2, director of Biovision Corporation, Pune, which manufa...

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Bombay High Court Allows Appeal Against Rejection of Section 9 Application and Appoints Arbitrator in Iron Ore Sale Dispute. The court held that the Section 9 application was within limitation and appointed a sole arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996....

The appellant, M/s Shree Mallikarjun Shipping Pvt. Ltd., entered into a contract dated 25.2.2008 with the respondent, M/s Balaji Logistics Carriers, for the purchase of 40,000 metric tonnes of iron or...

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Bombay High Court Dismisses Summons for Judgment in Summary Suit for Construction Payment — Triable Issues Raised Regarding Existence of Contract and Quantum of Work Done. The court held that denial of contract and disputed bills constitute triable issues entitling defendant to unconditional leave to defend under Order 37 CPC....

The plaintiff, Mohammed Arif Akbar Hussain, filed a summary suit against M/s. A.R. Enterprises and others for recovery of Rs.1,29,00,383/- with interest, claiming the amount was due for construction w...

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Bombay High Court Allows Appeal in Land Acquisition Case — Market Value Enhanced from Rs.50,000 to Rs.1,00,000 per Acre Based on Comparable Sale Instance. The court held that the Reference Court erred in ignoring a contemporaneous sale deed for adjacent land, which established a higher market value under Section 18 of the Land Acquisition Act, 1894....

The appellant, Jaysukh Raghla Patel, filed a first appeal under Section 18 of the Land Acquisition Act, 1894, challenging the judgment and order dated 20th April 2007 passed by the learned District Ju...

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Bombay High Court Dismisses Petitions by Directors Challenging Process in Cheque Dishonour Cases — Directors Held Vicariously Liable Under Section 141 of Negotiable Instruments Act, 1881...

The petitioners, Suresh Motwani (Chairman) and Kishore Motwani (Director) of Sun Earth Ceramics Ltd., challenged the issuance of process against them in two complaints filed by Devidas Thawani under S...

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Bombay High Court Dismisses Petition Challenging Deletion of Section 255 IPC in Bank Fraud Case. Allegations of Counterfeiting Government Stamp on Sale Agreements Attract Sessions Trial Under Section 255 IPC....

The petitioner, Himanshu @ Hemant @ Rajendra Bhatt, was one of the accused in Sessions Case No.468 of 2005 arising from a complaint by the Chief Manager of Bank of Baroda on 3rd September 2004. The co...

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Bombay High Court Acquits Accused in Murder Case Due to Unreliable Testimony of Interested Witness and Lack of Corroboration. Conviction under Section 302 IPC read with 34 IPC set aside as sole eyewitness was a close friend of deceased and his testimony was not corroborated by other evidence....

The case involves an appeal against the conviction of three appellants for the murder of Mayur Damle under Section 302 read with 34 IPC and for assault under Section 352 read with 34 IPC. The prosecut...

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High Court Dismisses Employer's Challenge to Arbitral Award Under Section 34 of Arbitration Act in Road Construction Contract; Upholds Contractor's Entitlement to Royalty Reimbursement Under Clause 14. Award Found Reasonable on Merits as Interpretation Consistent with Conduct and Corrigendum....

The dispute arose from a highway construction contract for Four Laning of Satara-Kolhapur on NH4. The petitioner, Maharashtra State Road Development Corporation Ltd. (MSRDC), a government undertaking,...

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Bombay High Court Dismisses Employer's Challenge to Arbitral Award on Royalty Reimbursement. Award's Interpretation of 'Any Further Increase' Clause as Covering Royalty Charges Upheld as Reasonable Under Section 34 of Arbitration and Conciliation Act, 1996....

The Maharashtra State Road Development Corporation Ltd. (MSRDC), a Government of Maharashtra undertaking, had awarded a contract for four-laning of a section of National Highway-4 (Satara-Kolhapur up ...