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Bombay High Court Dismisses Summary Judgment in Security Deposit Recovery Suit — Triable Issues Raised on Forfeiture Clause and Interest Claim. Leave and Licence Agreement's Clause 14(c) Permitting Forfeiture of Deposit for Overstay Creates Triable Issue, Precluding Summary Judgment Under Order 37 CPC.

The plaintiff, RMC Readymix (I) P.ltd, filed a summary suit under Order 37 of the Code of Civil Procedure, 1908, against the defendant, Kanayo Khubcha...

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Bombay High Court Acquits Accused in Murder Case Due to Lack of Credible Evidence and Unreliable Witnesses. Conviction under Section 302 IPC Set Aside as Circumstantial Evidence Fails to Establish Guilt Beyond Reasonable Doubt.

The appellant, Sarphraz @ Farukh Abdul Hamid Shaikh, was convicted by the Additional Sessions Judge, Pune, for the murder of Kamaljit Kaur under Secti...

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Bombay High Court Allows Arbitration Petitions by Cab Company Against Drivers, Appoints Sole Arbitrator. Arbitration clause in Driver Agreement survives termination under Section 11 of the Arbitration and Conciliation Act, 1996.

The petitioner, Meru Cab Company Private Limited, filed four arbitration petitions under Section 11 of the Arbitration and Conciliation Act, 1996, see...

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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...

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Gujarat High Court Dismisses Insurance Appeal in Motor Accident Case, Upholds 50:50 Contributory Negligence Apportionment. Both ST Bus and Truck Drivers Found Negligent Under Motor Vehicles Act, 1988.

The case arises from a motor accident on 12.01.2007 when an ST bus (GJ-18-V-8903) driven rashly rammed into a stationary truck (GJ-7-X-6523) parked wi...

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Supreme Court Acquits Accused in SC/ST Act Murder Case Due to Unreliable Evidence and Lack of Casteist Intent. Conviction under Sections 302, 323 IPC and Sections 3(2)(v), 3(1)(x) of SC/ST Act Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt.

The appellant, Talari Naresh, was convicted by the Trial Court for the murder of Shiva Shankar, a Scheduled Caste member, under Sections 302 and 323 I...

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High Court of Karnataka Allows Appeal in Cheque Dishonour Case — Presumption Under Section 139 N.I. Act Not Rebutted by Accused. Borrowing of Rs.20,000/- and Issuance of Cheque Established; Acquittal Set Aside.

The appeal arises out of the judgment of acquittal passed by the learned Senior Civil Judge and JMFC, Sagar dated 26.08.2011 in C.C.No.124/2010 wherei...