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Bombay High Court Considers Section 9 Petition Seeking Renewal of Bank Guarantees Pending Section 34 Challenge to Arbitral Award. Liquidated Damages Claim in Public Utility Contract Examined for Prima Facie Case in Light of Saw Pipes and Construction & Design Services Precedents.

The proceedings arose from a contract between Oil and Natural Gas Corporation Limited (ONGC) and Afcons Gunanusa Joint Venture for construction, insta...

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High Court Allows Appeal in Arbitration Case, Restoring Arbitral Award Set Aside by Single Judge. Limited Judicial Review Under Section 34 of Arbitration and Conciliation Act, 1996 Precludes Re-appreciation of Evidence Unless Award Shocks Conscience or Conflicts with Public Policy.

The dispute arose between Appellant, a foreign company manufacturing biscuits in Zimbabwe, and Respondent, an Indian partnership firm, regarding the s...

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Supreme Court Allows State Appeal in Service Matter - MNP Workers Not Entitled to Regularisation. Government Scheme for Village Level Workers Was Temporary and Not a Regular Employment Scheme, Hence No Right to Absorption.

The State of Tamil Nadu appealed against a Division Bench judgment of the Madras High Court which affirmed a Single Judge order directing the State to...

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Bombay High Court Quashes Criminal Proceedings Against Doctor in Medical Negligence Case — Lack of Expert Opinion and Criminal Intent. Complaint under Section 338 IPC fails as essential ingredients of grievous hurt by rash or negligent act not established without expert evidence.

The petitioner, a practicing ophthalmologist, challenged the judgment of the Additional Sessions Judge, Pune, which upheld the Magistrate's order issu...

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High Court of Karnataka Dismisses Appeal of Educational Trust Seeking Recognition for Upper Primary Classes. Rule 3 of Karnataka Educational Institutions (Recognition of Primary and Secondary Schools) Rules, 1999 Mandates Compliance with All Conditions Including Land Use Certificate.

The appellants, Basava Jyothi Education and Charitable Trust and Basaveshwar Kannada Convent School, filed writ appeals against the order dated 06.02....

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Bombay High Court Quashes Detention Order in COFEPOSA Case Due to Non-Application of Mind and Non-Supply of Documents. Nephew of detenu successfully challenged preventive detention order under Section 3(1) of COFEPOSA on grounds of procedural irregularities and lack of material evidence.

The petitioner, nephew of the detenu Salma Karolia, challenged a detention order dated 30th September 2014 issued under Section 3(1) of the Conservati...

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Bombay High Court Allows Unaided Private School to Fix Fees Subject to Reasonable Regulation. Fee Fixation Must Be Transparent and Not Excessive Under Grant in Aid Code and Maharashtra Educational Institutions (Prohibition of Capitation Fee) Act, 1987.

The petitioners, Hindi Vidya Bhavan Society and another, are a society registered under the Societies' Registration Act, 1860 and a public trust under...

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CRIMINAL WRIT PETITION NO.1659 OF 2005

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