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High Court of Bombay at Goa Partially Allows Contractor's Appeal in Contract Dispute Over Interest and Escalation Claims. Court holds that interest under Section 34 CPC is discretionary and that escalation claims not pleaded cannot be awarded.

The dispute arose out of a contract for improvement of riding quality of NH-4A in Goa awarded by the State of Goa to P.B. Ibrahim, a Class I PWD Contr...

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Bombay High Court Allows Pre-Arrest Bail in SC/ST Act Case for Alleged Kidnapping to Recover Debt. Court holds that bar under Section 18 of SC/ST Act does not apply when allegations under the Act are not prima facie made out, as dominant intent was recovery of money and victim not a member of SC/ST.

The appellant, Udhav Gyanoba Budhwant, filed an appeal under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) A...

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Bombay High Court Partially Allows Appeal Against Arbitral Tribunal's Interim Order in Commercial Arbitration Dispute. Court upholds Tribunal's power to grant interim relief under Section 17 of Arbitration and Conciliation Act, 1996, but modifies order to balance interests of both parties.

The judgment arises from two commercial arbitration petitions filed by Mahaguj Collieries Limited (the petitioner) under Section 37 of the Arbitration...

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High Court of Bombay at Goa Reduces Interest Rate from 12% to 9% in Contractor's Recovery Suit Against State. The court held that interest under Section 34 CPC must be reasonable and not excessive, reducing the rate to 9% per annum.

The dispute arose out of a contract awarded by the State of Goa to P.B. Ibrahim, a Class I PWD Contractor, for improvement of riding quality of NH-4A ...

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Bombay High Court Acquits Accused in Corruption Case Due to Inconsistent Evidence and Lack of Sanction. Conviction under Sections 7, 13(1)(d) read with 13(2) of Prevention of Corruption Act, 1988 set aside as prosecution failed to prove demand and acceptance of bribe beyond reasonable doubt.

The present appeal was filed by Vinayak Raghunath Wakle, who was convicted by the learned Special Judge, Aurangabad, in Special Case No. 8 of 1998 for...

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Bombay High Court Dismisses Municipal Council's Petitions Challenging Industrial Court's Directions for Regularization of Workers. Industrial Court's findings on completion of 240 days and unfair labour practices upheld, with directions to send proposals for permanency.

The petitioner, the Municipal Council of Kalamb, filed three writ petitions challenging identical judgments dated 22/08/2017 passed by the Industrial ...

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Bombay High Court Acquits Mother-in-Law in Dowry Death Case Due to Lack of Evidence of Cruelty and Absence of Proximate Cause. Conviction under Sections 498-A and 302 IPC set aside as prosecution failed to prove that alleged harassment was for dowry or that it drove victim to commit suicide.

The appellant, Padmabai, was convicted by the Additional Sessions Judge, Aurangabad, for offences under Sections 498-A and 302 of the Indian Penal Cod...

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Bombay High Court Dismisses Arbitration Application in Development Agreement Dispute Due to Novation Extinguishing Arbitration Clause. Deed of Novation Substituted Original Agreement Without Arbitration Clause, No Prima Facie Arbitration Agreement Exists Between Applicant and Respondents.

The applicant, M/s. Mukesh Patel and Ors., filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of...

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Bombay High Court Dismisses Petition Challenging Appointment of Administrator for Co-operative Housing Society Under Section 77A of MCS Act, 1960. Court upholds Registrar's power to appoint administrator when committee fails to convene annual general meeting and elections are overdue.

The petitioners, members of Ganga Bhavan Co-operative Housing Society Limited, challenged the appointment of an administrator by the Deputy Registrar ...