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Bombay High Court Dismisses Petition Challenging Arbitral Award in Charter Party Demurrage Dispute — Upholds Arbitrator's Interpretation of Laytime and Demurrage Clauses. Court holds that Section 34 of Arbitration and Conciliation Act, 1996 does not permit reappreciation of evidence or correction of errors of law unless award is patently illegal or perverse....

The petitioners, M/s. Puyvast Chartering B.V. (owner) and M/s. Puyvast Maritime India Ltd. (agent), challenged an arbitral award dated 28 February 2007 under Section 34 of the Arbitration and Concilia...

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Bombay High Court Quashes Suspension of Nominations to Standing Committee of Akola Municipal Corporation for Violation of Natural Justice. State Government's Order under Section 451 of Bombay Provincial Municipal Corporation Act, 1949 Set Aside for Non-Compliance with Principles of Natural Justice....

The petitioners, Suresh Jagannath Patil (Mayor), Sunil Tukaram Meshram (Corporator), and Surprakash Shrawan Shirsat (Corporator) of Akola Municipal Corporation, challenged the order dated 08.03.2011 p...

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Bombay High Court Quashes Land Acquisition for Public Trust Due to Non-Compliance with Section 5A of Land Acquisition Act, 1894 — Commissioner Failed to Consider Objections Properly After Remand....

The petitioners, owners of agricultural land in Paradsinga, challenged the acquisition of their land for the benefit of Respondent No. 3, a public trust. The acquisition was initiated by a notificatio...

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Bombay High Court Quashes Right of Way Order Under Mamlatdars' Courts Act Due to Bar of Res Judicata and Lack of Jurisdiction. Dismissal of First Application for Default Operates as Final Order Barring Second Application Under Section 5 of Mamlatdars' Courts Act, 1906....

The petitioner, Jayant Namdeorao Gohad, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging two orders: (1) the order dated 12/10/2010 passed by the Tahsildar/Mam...

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High Court of Bombay at Nagpur Upholds Labour Court Order Reinstating Workman with Back Wages in BSNL Termination Dispute. Termination of a casual labourer with temporary status without compliance with Section 25F of the Industrial Disputes Act, 1947 held illegal and unjustified....

The judgment concerns two writ petitions filed under Articles 226 and 227 of the Constitution of India. Writ Petition No.1721/2011 was filed by the General Manager (Telecom) and Divisional Engineer (T...

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Bombay High Court Allows Petitioner to Cross-Examine in Mesne Profit Case — Sets Aside No Cross Order Due to Counsel's Late Arrival. Undertaking to Conduct Cross-Examination Within Specified Time Leads to Setting Aside of Impugned Order and Preponement of Date....

The petitioner, Manohar Mahadeo Dande, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the order dated 14/06/2011 passed by the learned Additional Judge, Smal...

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Bombay High Court Quashes Detention Order Under COFEPOSA for Non-Application of Mind and Non-Communication of Grounds. Detenu's Right to Make Effective Representation Violated as Documents Relied Upon Were Not Supplied....

The petitioner, Shabbirbhai Bookwala, father of the detenu Mustafa Sabbirbhai Bookwala, filed a habeas corpus petition under Article 226 of the Constitution challenging the detention order dated 11/2/...

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Bombay High Court Upholds Conviction of Appellants in Grievous Hurt Case. Cousins convicted under Section 326 read with Section 34 IPC for attacking victims with dangerous weapons, sentence of 7 years rigorous imprisonment confirmed....

The case involves an appeal against conviction under Section 326 read with Section 34 IPC. The appellants, Ramesh, Gopal, and Eknath Mahajan, were convicted for causing grievous hurt to Arun Mahajan a...

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High Court Acquits Father in Rape Case Due to Inconsistent Testimony and Lack of Corroboration — Conviction Under Sections 376, 354, 323, 506 IPC Set Aside. Incestuous Rape Allegation Fails as Prosecutrix's Evidence is Unreliable and Contradictory, Benefit of Doubt Given to Appellant....

The appellant, Balu Bhausaheb Kothule, was convicted by the Sessions Court for offences under Sections 376, 354, 323, 504 and 506 of the Indian Penal Code for allegedly raping and assaulting his daugh...

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Bombay High Court Dismisses Insurer's Appeal in Motor Accident Claim — Deceased Owner of Goods Travelling in Goods Vehicle Not a Gratuitous Passenger. Insurer Liable Under Section 110A of Motor Vehicles Act, 1939 for Death of Goods Owner in Collision Between Tempo and Truck....

The case arises from a motor accident on 15th April 1988 at Swargate, Pune, where the deceased Balkrishna was waiting with his luggage. The driver of a tempo (goods vehicle) offered to carry his artic...