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Supreme Court Allows Appeals by DISCOMs and Generating Companies in Electricity Tariff Dispute — Change in Law Compensation for Coal Shortfall Must Be Computed Based on Actual GCV and SHR as per PPAs.

The judgment involves two civil appeals concerning the determination of compensatory tariff for Change in Law events under long-term Power Purchase Ag...

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Supreme Court Dismisses Appeal in Criminal Complaint Case for Lack of Jurisdiction Under Section 195 CrPC. Private Complaint Not Maintainable for Offences Under Sections 191-192 IPC Committed in Judicial Proceedings.

The case arises from two criminal complaints filed by M/s Bandekar Brothers Pvt. Ltd. and another against Prasad Vassudev Keni and others under Sectio...

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Bombay High Court Dismisses Petitions Challenging Executing Court's Refusal to Stay Execution in Mundkar Rights Claim. Court holds that mere filing of a declaration suit before Mamlatdar does not create a right to stay execution proceedings under Order XXI Rule 97, 99, 101 CPC.

The petitioners, Lawrance Pereira and Juliana Pereira, filed Writ Petition No. 611 of 2023 challenging the order dated 06.09.2023 passed by the Execut...

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Bombay High Court Partially Dismisses Petition Challenging Rejection of Amendment in Partition Suit — Amendment Sought After Commencement of Trial Disallowed as It Would Change Nature of Suit Under Order VI Rule 17 CPC

The petitioner, Raju Danchand Bardia, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 13th October 202...

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Bombay High Court Dismisses Bank's Petition Challenging Banking Ombudsman Award for Wrongful Debit Despite Stop Payment Instructions. Bank's Liability Upheld as Limitation Period Under Banking Ombudsman Scheme 1995 is Directory, Not Mandatory.

The case involves a dispute between Canara Bank (the petitioner) and Shri Uttam Rathod (respondent no.1), a proprietor of M/s. Rishi Impex, who held a...

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Bombay High Court Partially Allows Challenge to Arbitral Award in Contract Dispute — Liquidated Damages and Interest Reduced. Court upholds arbitrator's finding on delay but modifies interest rate from 7% to 6% per annum under Section 34 of the Arbitration and Conciliation Act, 1996.

The case involves a challenge under Section 34 of the Arbitration and Conciliation Act, 1996, by Indian Oil Corporation Limited (petitioner) against a...

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Bombay High Court Dismisses Petitioners' Challenge to Tender Cancellation in Public Works Contract. Court Holds That No Vested Right Arises Until Formal Acceptance of Bid, and Government Has Discretion to Cancel Tender in Public Interest.

The petitioners, Jai Laxmi Constructions and others, filed two writ petitions challenging the cancellation of a tender process and the issuance of a f...

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Bombay High Court Dismisses Appeal in Railway Non-Delivery Case Due to Invalid Notice Under Section 106 of Railways Act, 1989. Notice Served Beyond Six-Month Limitation Period and Addressed to Wrong Authority.

The appellant, M/s. Sapna Emporium, filed a first appeal against the judgment and order dated 22-09-1995 passed by the Railway Claims Tribunal, Bombay...

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Bombay High Court Allows Wife's Interim Maintenance Application in Family Court Appeal, Dismisses Husband's Stay Application. Maintenance under Section 125 CrPC is a continuing right and wife's employment does not automatically disentitle maintenance if her income is insufficient.

The case involves two interim applications in a Family Court Appeal. The wife, Purvi Mukesh Gada, filed an application (IA/16733/2023) seeking interim...

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Bombay High Court Dismisses Arbitration Petitions for Appointment of Arbitrator Due to Absence of Arbitration Agreement. Invoices Relied Upon by Distributors Did Not Contain Arbitration Clause, and No Other Agreement Was Produced.

The judgment involves multiple arbitration petitions filed by various distributors (petitioners) against Elder Pharmaceuticals Limited (respondent) se...