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Bombay High Court Partially Sets Aside Arbitration Award Against Guarantors in Cooperative Bank Dispute — Guarantors Not Liable for Enhanced Credit Facility Without Their Consent. Guarantor Liability Cannot Be Extended Beyond Original Guarantee Under Section 34 of Arbitration and Conciliation Act, 1996....

The judgment concerns two arbitration petitions filed under Section 34 of the Arbitration and Conciliation Act, 1996, challenging a common undated arbitral award. The dispute arose from a cash credit ...

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Bombay High Court Dismisses Challenge to Arbitral Award in Share Purchase Dispute — Upholds Majority Award on Misrepresentation of Receivables. The court held that the arbitral tribunal's findings on misrepresentation and damages were not perverse and did not warrant interference under Section 34 of the Arbitration and Conciliation Act, 1996....

The petitioner, GWL Properties Ltd. (formerly Gordon Woodroffe Ltd.), challenged a majority arbitral award dated 31 August 2009 under Section 34 of the Arbitration and Conciliation Act, 1996. The disp...

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Bombay High Court Dismisses Appeal in Patent Infringement Suit — No Prima Facie Case for Injunction as Plaintiff Failed to Establish Infringement of Patent. Court Held That Mere Grant of Patent Does Not Confer Right to Injunction Without Clear Evidence of Infringement and Balance of Convenience Lies with Defendant....

The appellant, CTR Manufacturing Industries Limited, filed a suit for patent infringement against the respondents, Sergi Transformer Explosion Prevention Technologies Limited and others, alleging that...

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Bombay High Court Allows Compensation for Crop Damage by Tigers in Agricultural Land - State Directed to Pay for Banana Plantation Loss. Forest Department's Recommendation for Compensation at Rs.48 per Plant Upheld; Finance Department's Refusal Based on No Policy Held Arbitrary....

The petitioner, Baburao Abaji Aglawe, a retired government servant, owned agricultural land in Seloo, Wardha, where he cultivated banana plants on 5 acres with irrigation from a well and employed 45 l...

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Bombay High Court Dismisses Petitions Challenging Section 64 of Maharashtra Universities Act, 1994 Barring Legal Practitioners from Appearing Before College Tribunal. Section 64 is Not Repugnant to Advocates Act, 1961 as Section 30 Thereof is Not in Force and Tribunal is Not a Court....

The judgment concerns two writ petitions challenging Section 64 of the Maharashtra Universities Act, 1994, which bars legal practitioners from appearing before the University and College Tribunal. The...

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Bombay High Court Upholds Plaintiff in Maintainability of Summary Suit Against Qatar Airways; No Prior Consent Under Section 86 CPC Required. Ministry of External Affairs Clarification that Entity Not Covered by Section 86(4) CPC Renders Permission Unnecessary....

The dispute arose from a Summary Suit filed by Shapoorji Pallonji & Company Limited against Qatar Airways under Order 37 of the Code of Civil Procedure, 1908 (CPC) for recovery of dues. The defendant ...

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Bombay High Court Dismisses Petition Seeking Condonation of Delay Beyond Statutory Limit in Central Excise Appeal. Section 35 of Central Excise Act, 1944 Provides an Outer Limit of 30 Days for Condonation, Which Cannot Be Extended by Section 5 of Limitation Act, 1963....

The petitioner, M/s Raj Chemicals, filed a writ petition under Article 226 of the Constitution before the Bombay High Court seeking a direction to condone the delay in filing an appeal against an orde...

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Bombay High Court Acquits Accused in Suicide Abetment Case Due to Lack of Evidence of Cruelty and Abetment. Convictions Under Sections 498A and 306 IPC Set Aside as Prosecution Failed to Prove Harassment and Proximate Causal Link to Suicide....

The appeals arose from a trial in which the accused—the husband, mother-in-law, and father-in-law of the deceased Sangita—were convicted under Sections 498A and 306 read with Section 34 of the Ind...

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High Court Dismisses Writ Petitions and Appeals for Non-Prosecution and Withdrawal. Court emphasized the need for active participation in litigation and allowed withdrawals with liberty to file fresh petitions....

The judgment involved multiple cases heard by the High Court of Punjab and Haryana, presided over by Justice Paramjeet Singh. In RSA No.2584 of 1988, the appellant, Prahlad Singh, failed to appear for...

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Bombay High Court Acquits Tax Superintendent in Corruption Case Due to Lack of Demand and Acceptance of Bribe. Conviction under Sections 7 and 13(2) read with 13(1)(d) of Prevention of Corruption Act, 1988 set aside as prosecution failed to prove demand and acceptance beyond reasonable doubt....

The appellant, Vijaykumar Marotrao Daiwalkar, was a Tax Superintendent in the Municipal Council, Chandrapur. He was convicted by the Special Judge, Chandrapur in Special Case No. 3 of 1992 under Secti...