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Bombay High Court Dismisses Petition Challenging Dismissal of Complaint Under Section 156(3) CrPC — Dispute Civil in Nature. Agreement for Sale Not Registered, Power of Attorney Revoked, No Criminal Intent Made Out.

The petitioner, a partnership firm engaged in real estate, filed a criminal complaint under Section 156(3) of the Code of Criminal Procedure, 1973 (Cr...

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Bombay High Court Dismisses Petition Challenging Dismissal of Complaint Under Section 156(3) CrPC. Concurrent Findings of Courts Below Upheld as Complaint Did Not Disclose Prima Facie Case.

The petitioner, a partnership firm engaged in real estate, filed a criminal complaint under Section 156(3) of the Code of Criminal Procedure, 1973 aga...

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Bombay High Court Allows Reference in Sales Tax Case, Holding Tribunal Must Adjudicate on Exim Scrips Levy Despite Ground Not Raised in Appeal Memo. Section 55 of Bombay Sales Tax Act, 1959 Confers Wide Appellate Powers to Consider Any Necessary Ground.

The case involves two Sales Tax References filed by M/s Bombay Dyeing & Mfg. Co. Ltd. against the Commissioner of Sales Tax, Maharashtra State. The ap...

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Bombay High Court Allows Section 11 Application and Appoints Arbitrator in Commercial Dispute Over Termination of Procurement Agreement. Pre-Arbitral Negotiation Clause Held Not Mandatory Condition Precedent Under Section 11 of the Arbitration and Conciliation Act, 1996.

This is an application under Section 11 of the Arbitration and Conciliation Act, 1996 filed by Tech Mahindra Ltd. against Tata Communications Transfor...

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Bombay High Court Acquits Accused in POCSO Case Due to Inconsistencies in Evidence. Conviction under Section 6 of POCSO Act and Section 506 Part-I IPC set aside as prosecution failed to prove guilt beyond reasonable doubt.

The appellant, Nagesh s/o Samayya Made, was convicted by the learned Sessions Judge, Gadchiroli in Special (POCSO) Case No.21/2016 for offences under ...

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Bombay High Court Allows Appointment of Arbitrator in Concession Agreement Dispute — Holds That Clause 21 of Agreement Providing for Dispute Resolution by Committee of Officers Does Not Bar Arbitration Under Section 11 of Arbitration and Conciliation Act, 1996.

The Applicant, Tatva Global Environment (Deonar) Ltd., entered into a Concession Agreement with the Respondent, Municipal Corporation of Greater Mumba...

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Bombay High Court Enforces Foreign Arbitral Award in Agency Dispute — Award Declared Enforceable as Decree. Foreign Award Under Sections 46-49 of Arbitration & Conciliation Act, 1996 Upheld as No Grounds for Refusal Under Section 48 Established.

The petitioner, Mitsui OSK Lines Ltd., a Japanese shipping company, filed a petition under Sections 46 to 49 of the Arbitration and Conciliation Act, ...