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Supreme Court Dismisses Municipal Corporation's Appeal in Arbitration Case Upholding Arbitral Award. Challenge to Tribunal's Constitution Fails as 30-Day Appointment Period in Arbitration Agreement is Directory, Not Mandatory, Under Sections 16, 34, and 37 of the Arbitration and Conciliation Act, 1996.

The dispute originated from a consultancy agreement dated 18 September 1995 between the Municipal Corporation of Greater Mumbai (MCGM) and Respondent ...

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Supreme Court Allows Tax Classification Appeal -- 'Appellants Product' Held as Fruit Drink Under UPVAT Act -- Appellants Succeeds Against Commercial Tax Commissioner

The Supreme Court allowed appeals filed by Appellants challenging the classification of their product under the Uttar Pradesh Value Added Tax Act, 200...

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High Court of Karnataka Quashes FIR in Family Dispute Case — Criminal Proceedings Abuse of Process. Court holds that private complaint between family members over property disputes does not disclose criminal offences under Sections 504, 506, 416, 419, 420, 34 IPC.

The petitioners, Smt. Thara Peethambaram (mother) and Dr. Krishnarjun Peethambaram (son), filed a petition under Section 482 CrPC (read with Section 5...

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Supreme Court Allows Appeal in Port Damage Case — Endorsement of Liability Obtained by Coercion is Void. Essar Shipping Ltd. v. Board of Trustees for the Port of Calcutta — Endorsement of liability obtained by wrongful detention of vessel is void under Section 17 of the Indian Contract Act, 1872.

The case arises from an incident on 27 August 1987 when the vessel M.V. Chennai Nermai, owned by Essar Shipping Ltd. (appellant), collided with a coal...

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High Court of Karnataka Quashes Cognizance Order Against Public Servants in Private Complaint for Lack of Sanction Under Section 197 CrPC and Section 19 PC Act. Sanction for Prosecution of Public Servants is Mandatory for Acts Done in Discharge of Official Duty.

The case involves two criminal revision petitions filed by the petitioners (accused No.2, 3 and 4) challenging the order dated 13.4.2012 passed by the...

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Bombay High Court Dismisses Petition Challenging Industrial Court Order in Unfair Labour Practice Case — Voluntary Retirement Scheme Acceptance and Payment of Dues Barred Complaint. Acceptance of VRS Benefits Creates Estoppel Against Challenging the Scheme Under MRTU & PULP Act, 1971.

The petitioner, Mrs. Ashalata Shridhar Tawate, joined Overseas Communications Services (OCS) in September 1975, which was later taken over by Videsh S...

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Bombay High Court Dismisses Appeal Against Refusal to Injunction Bank Guarantees in Arbitration Dispute. Performance Guarantees Are Independent Contracts and Cannot Be Restrained Except in Case of Fraud or Irretrievable Injustice.

The appellant, M/s S. Satyanarayana & Co., a partnership firm, was awarded a contract by respondent no.1, M/s West Quay Multiport (Private Limited), f...

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Bombay High Court Partially Allows Contractor's Appeal in Blast Hole Drilling Dispute, Upholds Rate of Rs.115 per Meter for Work Done Without Formal Contract. Court Holds That Absence of Formal Agreement Does Not Preclude Payment on Quantum Meruit Basis for Work Actually Performed and Accepted.

The case involves two cross-appeals arising from a suit for recovery of Rs.22,76,673/- filed by M/s. Shri Sowmiya Enterprises (plaintiff/contractor) a...