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Bombay High Court Allows Contractor's Suit for Recovery of Unpaid Amounts and Interest in Construction Contract Dispute. Holds that Delayed Payments Attract Interest Under Section 61 of the Indian Contract Act, 1872, and Excess Recovery from Mobilisation Advance Must Be Refunded.

The plaintiff, M/s Ajay Deep Construction Pvt. Ltd., filed a suit against the Maharashtra State Police Housing & Welfare Corporation Ltd. for recovery...

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Bombay High Court Dismisses Compensation Claim for Alleged Illegal Detention by Police Officers. False Case Under Bombay Police Act Resulted in Discharge, but Court Found No Malafide Intent or Violation of Fundamental Rights.

The petitioner, Miss Veena Sippy, filed a Criminal Writ Petition under Article 226 of the Constitution of India before the Bombay High Court, alleging...

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Bombay High Court Grants Injunction in Trademark Infringement and Passing Off Suit Over 'BADEMIYA' Mark. Plaintiffs' registered trademarks 'BADEMIYA'S' and 'BADEMIYA' in Classes 29 and 42 are infringed by defendant's use of 'BADEMIYAN' for similar food business.

The plaintiffs, a partnership firm and its partners, filed a suit for trademark infringement and passing off against the defendant. The plaintiffs' bu...

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Bombay High Court Dismisses Appeal Against Refusal of Anti-Arbitration Injunction in Facilitation Deed Dispute. Court Holds That Arbitral Tribunal Has Competence to Decide Validity of Underlying Agreement Under Section 45 of the Arbitration and Conciliation Act, 1996.

The appeal arises from a commercial dispute between MSM Satellite (Singapore) Pte Ltd. (Sony) and World Sport Group (Mauritius) Limited (WSG) concerni...

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Bombay High Court Allows No-Fault Compensation Under Section 140 MV Act Despite Deceased's Own Negligence — Volenti Non Fit Injuria Not Applicable to Section 140 Claims.

The case involves an appeal by the original claimants, who are the sons and daughter of the deceased Gangaram Zade. On 6 January 2005, Gangaram was dr...

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Bombay High Court Allows Appeal in Motor Accident Claim Case — Reduces Compensation Due to Contributory Negligence. Deceased voluntarily pushed stationary truck and came under wheels; court apportions 50% contributory negligence and reduces award from Rs.1,00,000 to Rs.50,000.

The case arises from a motor accident claim filed by the widow and minor children of Madhukar Pundlik Mahalley, who died on 3rd December 1989 when he ...

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Bombay High Court Dismisses State Appeal in Swimming Pool Drowning Case — Acquittal Upheld for Lack of Proof of Rash or Negligent Act. Section 304A IPC requires direct causal link between a positive act of rashness or negligence and death; mere omission or lack of supervision not sufficient.

The State of Maharashtra appealed against the judgment and order dated 30.01.2009 passed by the Judicial Magistrate, First Class (Court No.8), Akola i...

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Bombay High Court Allows Recovery of Licence Fees and Mesne Profits in Hoarding Advertisement Dispute. Plaintiff partnership firm entitled to arrears and future compensation for defendant's continued use of hoarding sites after termination of licence.

The plaintiff, a partnership firm registered under the Indian Partnership Act, carried on business of acquiring sites, erecting hoardings, and permitt...