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Bombay High Court Grants Bail to Accused in MCOCA Case Due to Parity with Co-Accused and Delay in Trial. Applicant, in custody since 2008, granted bail as trial not commenced and case similar to co-accused who was already bailed.

The applicant, Afroz Firoz Mujawar @ Dastagir, was accused No. 19 in MCOC Act Special Case No. 4 of 2009 pending before the Special Court under the MC...

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Bombay High Court Quashes FIR in Abetment of Suicide Case — No Proximate Link Between Alleged Acts and Suicide. Allegations of harassment for dowry and demand for separate residence did not constitute abetment under Section 306 IPC as there was no direct or proximate nexus with the deceased's suicide.

The petitioner, Gulab s/o Yohan Pandit, filed a Criminal Writ Petition under Articles 226 and 227 of the Constitution of India before the Bombay High ...

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High Court of Bombay at Aurangabad Dismisses State's Petition Challenging Deferred Cross-Examination Order in Murder Trial. Trial Court's Discretion Under Section 231(2) CrPC to Prevent Witness Improvement Upheld.

The State of Maharashtra filed a criminal writ petition under Article 227 of the Constitution of India challenging an order dated 17.01.2018 passed by...

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Bombay High Court Dismisses State's Petition Challenging Deferred Cross-Examination Order in Murder Trial. Sessions Court's Discretionary Order Under Section 231(2) CrPC Allowing Examination-in-Chief of All Eye Witnesses Before Cross-Examination Upheld as Not Illegal or Perverse.

The State of Maharashtra filed a criminal writ petition under Article 227 of the Constitution challenging an order dated 17.01.2018 passed by the Addi...

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Bombay High Court Dismisses Appeal in Share Dispute Case — Upholds Trial Court's Refusal of Interim Injunction. Court held that the appellants failed to establish a prima facie case for restraining the pledge of shares, as the shares were not proved to be held in a fiduciary capacity.

The case involves a dispute between two branches of the Arya family over shares of Arya Iron & Steel Co. Pvt. Ltd. The appellants, Ravi Arya and other...

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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 Allows Cross Appeals in Part in Arbitration Dispute Over Interim Measures Under Section 9 of the Arbitration and Conciliation Act, 1996. The Court Clarifies That an Award Creditor Can Seek Interim Relief During Section 34 Proceedings to Secure the Award Amount.

The case involves cross appeals under Section 37 of the Arbitration and Conciliation Act, 1996 arising from a common order dated 1 July 2019 passed by...

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High Court of Bombay at Aurangabad Allows Correction of Clerical Error in MACT Judgment — Mistake in Identifying Driver as Owner of Vehicle. Section 166 Motor Vehicles Act, 1988 — Tribunal's refusal to correct error set aside; liability shifted to insurance company.

The petitioners, original respondent Nos. 1 and 2 in a Motor Accident Claim Petition, challenged an order of the Motor Accident Claims Tribunal dated ...