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Bombay High Court Dismisses Suspended Bank Employees' Challenge to De Novo Enquiry in Misappropriation Case. Disciplinary Authority May Disagree with Enquiry Officer Report and Order Fresh Enquiry Under Bank Regulations, as Double Jeopardy Not Attracted Where No Punishment Was Imposed.

The dispute concerned two employees of Gondia District Central Co-operative Bank Ltd., one working as a peon and the other as a clerk, who were suspen...

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Bombay High Court Quashes Orders of Tahsildar and Deputy Collector; Remands Tenancy Possession Dispute for Fresh Consideration. Tahsildar Lacked Jurisdiction Under Section 98A of Hyderabad Tenancy and Agricultural Lands Act, 1950.

The dispute centred on possession of tenancy land protected under the Hyderabad Tenancy and Agricultural Lands Act, 1950. The original owner was Madan...

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High Court of Telangana Hears Writ Petitions Challenging Sales Tax Demand on Inter-State Stock Transfers of Vehicles. Stock Transfers from Manufacturing Unit to Regional Sales Offices Alleged as Exigible to Tax Under Section 3(a) of Central Sales Tax Act, 1956; Exemption Claimed Under Section 6A.

The writ petitions were filed before the High Court for the State of Telangana at Hyderabad under Article 226 of the Constitution of India challenging...

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Bombay High Court Dismisses Appeal Against Refusal to Injunction Bank Guarantees in Arbitration Dispute. Performance Guarantees Are Independent Contracts and Cannot Be Restrained Except in Case of Fraud or Irretrievable Injustice.

The appellant, M/s S. Satyanarayana & Co., a partnership firm, was awarded a contract by respondent no.1, M/s West Quay Multiport (Private Limited), f...

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Bombay High Court Allows Appeal Under Section 37 of Arbitration Act, Restores Arbitral Award on Liquidated Damages. Court Holds That Arbitrator's Findings on Delay and Deduction of Liquidated Damages Were Plausible and Not Perverse, Setting Aside Single Judge's Order Under Section 34.

The case arises from a construction contract between Raheja Universal Pvt. Limited (appellant) and B.E. Billimoria & Co. Limited (respondent) for a pr...

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High Court of Karnataka Allows Appeal Against Interim Order Under Section 9 of Arbitration Act — Dispute Over Bank Guarantee Encashment. The court set aside the trial court's order restraining encashment of a bank guarantee, holding that no case of fraud or irretrievable injustice was made out.

The appellant, M/s. Paton Constructions Private Ltd., filed an appeal under Section 37(1)(a) of the Arbitration and Conciliation Act, 1996, against an...

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Supreme Court Allows Appeal in IBC Section 7 Application — Cumulative Redeemable Preference Shares Held as Debt, Not Investment. The Court held that CRPS constitute a debt under Section 3(11) of IBC, 2016, and the appellant is a financial creditor entitled to file an application under Section 7.

The appeal arises from the dismissal of the appellant's application under Section 7 of the Insolvency and Bankruptcy Code, 2016 (IBC) by the NCLT and ...