Bombay High Court

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Bombay High Court Acquits Three Accused in Gang Rape Case Due to Unreliable Testimony. Conviction under Section 376D IPC and SC/ST Act Set Aside as Prosecution Failed to Prove Case Beyond Reasonable Doubt....

The case pertains to an appeal against the conviction of three accused persons under Section 376D of the Indian Penal Code (IPC) and Section 3(2)(v) read with Section 6 of the Scheduled Caste and Sche...

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Bombay High Court Allows Appointment of Arbitrator in Commercial Dispute Under Section 11 of Arbitration and Conciliation Act, 1996 — Unilateral Appointment Clause Not Barred as Respondent Failed to Respond to Invocation Notice....

The petitioner, Uttam Energy Ltd., filed a petition under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of an arbitral tribunal to adjudicate disputes arising under two...

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Bombay High Court Quashes National Commission for Scheduled Castes Order in Service Dispute — Commission Exceeded Jurisdiction by Reopening Concluded Disciplinary Matter. The Court held that the Commission cannot act as an appellate authority over finalised disciplinary proceedings and that its recommendations are not binding on the employer....

The Union of India and others filed a writ petition under Article 226 of the Constitution of India challenging an order dated 2nd March 2022 and observations dated 10th March 2022 passed by the Nation...

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Bombay High Court Allows Writ Petition Against Executing Court's Rejection of Execution Application for Arbitral Award. Court Holds That Section 36 of Arbitration and Conciliation Act, 1996 Does Not Require Separate Application Under Section 34 for Execution of Arbitral Award....

The petitioner, Shriram Transport Finance Company Limited, obtained an arbitral award on 09.04.2014 directing the respondents to pay Rs. 74,094/- with interest at 9% per annum from 03.02.2014 till 31....

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High Court of Bombay at Nagpur Allows Appeal in Motor Accident Claim — Appellants Not Liable as Deceased Was the Rider, Not Pillion. The court held that the owner and driver of the motorcycle are not liable for compensation when the deceased himself was driving the vehicle and no negligence was proved against the appellants....

The present appeal was filed by the appellants challenging the judgment and award passed by the Chairman, Motor Accident Claims Tribunal, Nagpur in Claim Petition No. 449/1995 dated 29th June 2007. By...

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Bombay High Court Allows Appeal Against Removal of Trustees Under Maharashtra Public Trusts Act — Proceedings Against Deceased Persons Renders Order Illegal. The court held that continuing proceedings against dead persons violates natural justice and the order is per se illegal....

The present appeal was filed by Dr. Avinash Dekate and Venimadhav Akolkar challenging the order dated 15/12/2018 passed by the Joint Charity Commissioner, Nagpur in Application No.17/2006 under Sectio...

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Bombay High Court Allows Customs Appeal Against CESTAT Order Waiving Late Fees for Delayed Bill of Entry Filing. Late Fee Under Section 46(3) of Customs Act, 1962 Is Mandatory and Not Discretionary for Delayed Filing Beyond Prescribed Period....

The Principal Commissioner of Customs, Pune, filed an appeal under Section 130 of the Customs Act, 1962 against the final order of the Customs, Excise & Service Tax Appellate Tribunal (CESTAT), Mumbai...

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Bombay High Court Allows Appointment of Arbitrator in Sub-Contract Dispute Over Excavation Work — Rejects Objection on Limitation and Non-Existence of Dispute. Court holds that existence of arbitration clause and failure of respondent to pay amounts due constitutes a dispute, and limitation is a mixed question of fact for the arbitrator....

The applicants, Vishwajit Sud & Co. and Vishwajit Infrastructure Pvt. Ltd., filed two applications under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of an arbitral tr...