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Bombay High Court Dismisses Appeals Against Arbitral Awards in Service Tax Reimbursement Dispute. Court Holds That Construction of Contractual Clause by Arbitrator Falls Within Arbitral Domain and Is Not Open to Challenge Under Section 34 of the Arbitration and Conciliation Act, 1996.

The case involves five appeals filed by Central Warehousing Corporation (the appellant) against a common judgment dated 18.02.2019 dismissing its arbi...

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Bombay High Court Quashes Criminal Proceedings in Cheating Case Due to Civil Nature of Dispute — Failure to Make Out Ingredients of Section 420 IPC. Dispute Arising from Breach of Contract for Sale of Land Does Not Attract Criminal Liability Without Deception from Inception.

The petitioners, Rajesh Kalidas Khisti, Praveen Kalidas Khisti, and Arundhati Praveen Khisti, filed a writ petition before the Bombay High Court seeki...

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Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Truck Carrying Sugarcane Workers Overturns Due to Negligence. Insurer Held Liable to Pay Compensation for 10% Permanent Disability Under Section 166 of Motor Vehicles Act, 1988.

The present appeal was filed by Shriram General Insurance Company Ltd., the original respondent No.3, challenging the judgment and award dated 11-01-2...

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Bombay High Court Allows Pensioner's Claim for Balance Gratuity Under VIIth Pay Commission Ceiling. Petitioner restricted claim to Rs.20 lakh ceiling, already paid Rs.9,76,280, balance Rs.10,23,720 directed to be paid with interest.

The petitioner, Dr. Mohammad Modassir, a pensioner and former State Election Commissioner of Goa, filed a writ petition seeking payment of retirement ...

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Bombay High Court Dismisses Winding Up Petition by Association Against Member Company for Unpaid Guarantee Amounts. Association's claim for winding up under Sections 433 and 434 of Companies Act, 1956 fails as debt is disputed in good faith and substantial dispute exists.

The petitioner, Travel Agents Federation of India, an association of travel agents, filed a winding up petition under Sections 433 and 434 of the Comp...

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Bombay High Court Allows Refund of Cess Paid Under Protest in Excise Matter — Unjust Enrichment Principle Not Applicable to Cess Under IDR Act. Section 11-B of Central Excise Act Held Inapplicable to Cess Collected Under Industries (Development and Regulation) Act, 1951, and Refund Directed with Interest.

The petitioners, Shree Vidhya Paper Mills and Mr. Rameshwarlal Motilal, filed a writ petition in the Bombay High Court seeking refund of Rs. 10,19,246...