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Gujarat High Court Upholds Acquittal in NDPS Case Due to Procedural Lapses and Lack of Independent Witnesses. DRI Officers' Failure to Comply with Mandatory Provisions of NDPS Act, 1985 Renders Seizure Doubtful.

The present appeal was filed by the Intelligence Officer of the Directorate of Revenue Intelligence (DRI) challenging the judgment and order of acquit...

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Bombay High Court Dismisses Revenue Appeal in CENVAT Credit Case — Amendment to Rule 6 of Cenvat Credit Rules, 2004 Held Not Retrospective. CESTAT order allowing respondent's appeal upheld as the retrospective amendment by Finance Act, 2010 did not apply to the period prior to its enactment.

The appeal was filed by the Principal Commissioner of CGST and Central Excise, Mumbai East Commissionerate against Larsen & Toubro Limited (HED) under...

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Bombay High Court Dismisses Section 34 Challenge to MSME Facilitation Council Awards Against National Textile Corporation. Awards Upheld as Facilitation Council Had Jurisdiction Under MSMED Act and Awards Not Patently Illegal.

The petitioner, National Textile Corporation Ltd., filed two petitions under Section 34 of the Arbitration and Conciliation Act, 1996, challenging awa...

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High Court of Bombay at Goa Acquits Accused in NDPS Case for Non-Compliance with Section 50. Search of Shoulder Bag Held to Be Personal Search Requiring Mandatory Notice of Right to Be Searched Before Gazetted Officer or Magistrate.

The appellant, Kushal Puri, was convicted by the learned Sessions Judge, Goa, in NDPS Case No.40/2015 for possession of 1.216 kg of charas, a commerci...

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Bombay High Court Upholds Levy of Fees on Transporters and Traders Under Essential Commodities Act for Maintenance of Public Distribution System. The court held that the levy under Section 3(3)(f) of the Essential Commodities Act, 1955 is a valid regulatory fee and not a tax.

The judgment involves multiple writ petitions and civil applications challenging the levy of fees on transporters and traders under the Maharashtra Es...

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Bombay High Court Enforces Foreign Arbitral Award in Favor of Singapore Seller Against Indian Buyer. Rejects Objections Based on Conflicting Jurisdiction Clauses and Public Policy Under Section 48 of Arbitration and Conciliation Act, 1996.

The petitioner, M/s. Louis Dreyfus Commodities Asia Pte Ltd., a Singapore-based company, filed a petition under Sections 47 and 48 of the Arbitration ...

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Bombay High Court Dismisses Petition Challenging Tender Award for Rabies Vaccine Supply. Performance Certificate Not in Prescribed Proforma Held Directory, Not Mandatory, as Substantial Compliance and Public Interest Justify Award.

The petitioners, Bharat Biotech International Ltd, challenged the grant of a contract by the Municipal Corporation of Greater Mumbai (MCGM) for the su...

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Bombay High Court Allows Appellant to Invoke Bank Guarantee in Arbitration Dispute Over Supply Contract. Court Permits Receipt of Amount Subject to Undertaking to Repay with Interest at 12% per Annum if Arbitral Tribunal Orders.

The appellant, Rashtriya Chemicals & Fertilizers Ltd., a Government of India Undertaking, placed a purchase order on 8 November 2011 with the responde...