Bombay High Court

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Bombay High Court Quashes Show Cause Notice and Personal Hearing Notice Due to Inordinate Delay in Adjudication — Customs Act, 1962 — Delay of 16 Years in Remand Proceedings Violates Principles of Natural Justice and Fundamental Right to Speedy Adjudication...

The petitioners, M/s. Esjaypee Impex Pvt. Ltd. and its Managing Director, challenged a show cause notice dated 24.09.2003 and a personal hearing notice dated 19.06.2024 issued under the Customs Act, 1...

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High Court Allows Writ Petition on Interest Accrual in Arbitration Award Case — Clarifies Payment Conditions Under CPC....

The dispute arose from an arbitration award passed on 30.09.2006, where the petitioner was awarded Rs.3,36,803/- with interest at 18% per annum until actual payment. The respondents challenged the awa...

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Bombay High Court Quashes Press Release on GST Classification of Hand Sanitisers as Disinfectants — Executive Cannot Pre-empt Quasi-Judicial Adjudication. Press Release dated 15.07.2020 directing classification of alcohol-based hand sanitisers as 'disinfectants' under GST held ultra vires and manifestly arbitrary for encroaching upon quasi-judicial functions....

The petitioner, M/s Schulke India Pvt. Ltd., is engaged in trading of hand rubs/sanitisers and antiseptics, which it claims are used as pharmaceutical aid or antibacterial/antisepsis solutions in hosp...

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Bombay High Court Allows RTI Petition for Disclosure of Marks of All Candidates in Judicial Recruitment — Holds That Marks in Public Selection Process Are Not Exempt Personal Information Under Section 8(1)(j) of RTI Act. Transparency in public recruitment requires disclosure of marks of all candidates to ensure fairness and public confidence....

The petitioner, Shri Onkar Dattatray Kalmankar, applied for the post of Junior Clerk in the District Court at Pune pursuant to an advertisement issued in March 2018. He participated in the recruitment...

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Bombay High Court Dismisses Challenge to Arbitral Award in MSME Contract Dispute with Railways — Waiver of Section 12(5) Ineligibility Upheld. Petitioner's claim for additional wages dismissed as arbitrator's findings on facts and law were not patently illegal or against public policy....

The petitioner, M/s. Truly Pest Solution Private Limited, a Micro, Small and Medium Enterprise (MSME), was awarded a contract by the Central Railway for pest and rodent control in railway coaches for ...

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Bombay High Court Dismisses Application for Return of Plaint in Summary Suit, Holds Dispute Not Commercial Under Commercial Courts Act. Assignment of Debt by Leasing Company Not an Ordinary Transaction of Financier or Trader Under Section 2(1)(c)(i) of Commercial Courts Act, 2015....

The case involves an Interim Application filed by Defendant No. 1 (Varanium Cloud Limited) seeking return of the plaint under Order VII Rule 10 of the Code of Civil Procedure, 1908 (CPC) on the ground...

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Bombay High Court Allows Arbitration Appeal in Joint Development Dispute — Agreement for Sale Contains Arbitration Clause. MoU and Allotment Letter Held Interlinked with Main Agreement, Not Separate Contracts, Hence Disputes Referable to Arbitration Under Section 8 of Arbitration and Conciliation Act, 1996....

The Appellants (BKS Galaxy Realtors LLP and others) filed an Arbitration Appeal under Section 37 of the Arbitration and Conciliation Act, 1996, challenging the order dated 2nd May 2024 passed by the C...

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Bombay High Court Quashes NSE Stop Transfer Order and Directs Issuance of Duplicate Share Certificates — NSE Cannot Invoke Section 108 of Companies Act, 1956 to Freeze Shares of a Non-Defaulting Shareholder....

The petitioner, Aloysius D'Souza, acquired shares of Dr. Reddy's Laboratories Ltd. between 1986 and 1997. In 2007, he applied for duplicate share certificates after losing the originals. The transfer ...