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High Court of Bombay Dismisses MTNL's Challenge to Arbitral Award in Contract Dispute — Liquidated Damages and Risk Cost Recovery Set Aside. Termination of Contract Held Legal but Recovery of Liquidated Damages Without Proving Actual Loss and Risk Cost Expenses Without Proper Justification Set Aside....

The case involves a challenge under Section 34 of the Arbitration and Conciliation Act, 1996, by Mahanagar Telephone Nigam Limited (MTNL), a public sector undertaking, against an arbitral award passed...

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Bombay High Court Acquits Accused in Rape Case Due to Inconsistent Evidence and Lack of Corroboration. Conviction under Section 376 IPC Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt....

The appellant, Vilas Sahebrao Gilbile, was convicted by the Additional Sessions Judge, Osmanabad in Sessions Case No. 47/2010 for offences under Section 376 (rape) and Section 323 (voluntarily causing...

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Bombay High Court Acquits Appellants in Murder Case Due to Lack of Credible Evidence. Conviction under Section 302 r/w 34 IPC set aside as prosecution failed to prove guilt beyond reasonable doubt....

The case pertains to a criminal appeal against the conviction of Madhav Kesu Kharat and Shivaji Madhav Kharat (appellants) under Section 302 read with Section 34 of the Indian Penal Code, 1860 for the...

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Bombay High Court Dismisses Revenue's Appeal in Income Tax Case — Royalty Payment Held Allowable and Section 10B Deduction Properly Claimed. Tribunal's finding that royalty was genuine and in accordance with business exigencies upheld, and assessee's option for Section 10B by filing Form 56G and claiming in computation was valid....

The appeal by the Revenue under Section 260A of the Income Tax Act, 1961, challenged the Income Tax Appellate Tribunal's order dated 22 September 2009 for Assessment Year 2005-06. The Revenue raised t...

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Bombay High Court Dismisses Union of India's Appeal for Condonation of Delay in FERA Matter Due to Lack of Sufficient Cause. Delay of 570 days in filing appeal against Appellate Tribunal for Foreign Exchange order not condoned as explanation of administrative delays and file movements was not satisfactory....

The Union of India filed a Civil Application under Section 5 of the Limitation Act, 1963 seeking condonation of a 570-day delay in filing an appeal against an order dated 30 September 2008 passed by t...

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Bombay High Court Partially Sets Aside Arbitral Award in MTNL v. B. Bhamra Construction Co. — Escalation Claims Barred by Contractual Clause Despite Extension of Time. The court held that an arbitrator cannot award escalation costs contrary to an express contractual bar, even if the contract period is extended by consent....

The Petitioner, Mahanagar Telephone Nigam Ltd (MTNL), challenged an arbitral award dated 31st October 2009 passed by a sole arbitrator under Section 34 of the Arbitration and Conciliation Act, 1996. T...

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Bombay High Court Sets Aside Ex-Parte Arbitral Award for Violation of Natural Justice and Unilateral Appointment of Arbitrator. Unilateral Appointment of Sole Arbitrator Contrary to Arbitration Clause Requiring Joint Nomination Invalidates Award Under Section 34 of Arbitration and Conciliation Act, 1996....

The petitioners, Mrs. Sheeba Jose and Mr. Jose Paramban Ouseph, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an ex-parte arbitral award dated 29 Septemb...

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Bombay High Court Dismisses State Appeal in Assault Case, Upholds Acquittal Due to Unreliable Evidence. Conviction under Section 324 IPC set aside as prosecution failed to prove guilt beyond reasonable doubt....

The State of Maharashtra appealed against the acquittal of the respondent, Shrihari Manik Jadhav, by the Additional Sessions Judge, Latur, who had reversed the conviction under Section 324 of the Indi...

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Bombay High Court Allows Amendment to Plaint in Property Dispute Due to Subsequent Dispossession. Amendment Based on Events After Issues Framed Is Permissible Under Order 6 Rule 17 CPC Despite Delay....

The petitioner, Dela Gurudal Vanjari, filed a suit in 2005 seeking a declaration that a mutation entry was illegal and for an injunction against the respondent, Uddhal Govardhan Rathod. The trial cour...