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Bombay High Court Considers Whether Minutes of Meeting Converted Force Majeure Clause into Assured Return Mechanism, Interpreting Clauses 3.4.19 and 3.7.2 of Construction Agreement. Appeal Challenges Arbitral Interpretation That State Must Compensate for Any Toll Collection Drop Exceeding 20%.

The appeal under Section 37 of the Arbitration and Conciliation Act, 1996 arose from a dispute concerning a build-operate-transfer (BOT) contract for ...

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Bombay High Court Quashes Termination of Lease for Delay in Hotel Construction Due to Economic Slowdown and Infrastructure Delays. Extension of Time Granted Without Additional Premium Under Agreement to Lease.

The petitioners, M/s. PVP Star Hotels Private Limited and its director, filed a writ petition under Articles 226 and 227 of the Constitution of India ...

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High Court Dismisses/Allows Bail to Accused in Murder Case Involving Conspiracy and Long Detention Without Trial. Scope of Section 439 CrPC and Article 21 right to speedy trial evaluated in context of parity with co-accused and threat perception.

The criminal petition was filed by accused Nos. 3 and 4 under Section 439 of the Code of Criminal Procedure, 1973 seeking bail in connection with Crim...

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Bombay High Court Allows L&T's Challenge to Tender Rejection by MMRDA, Directs Fresh Evaluation of Technical Bids. The court set aside the rejection of technical bid for Package 1 as arbitrary and directed expeditious evaluation for Package 2.

The judgment pertains to two writ petitions filed by Larsen & Toubro Limited (L&T) against the Mumbai Metropolitan Region Development Authority (MMRDA...

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Bombay High Court Dismisses Petitions Challenging Premium and Interest Demands for Leasehold Land Conversion in Navi Mumbai. CIDCO's demand for premium and interest under Development Charges Rules and lease terms upheld as valid and not arbitrary.

The petitioners, Shelton Infrastructure Pvt Ltd, Neelkanth Infratech Co., and M/s. Juhi Habitat Pvt. Ltd., were lessees of plots in Navi Mumbai under ...

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Bombay High Court Grants Interim Relief to ISP in Section 9 Arbitration Application, Restraining OTT Platform from Suspending Internet Services to 22,000+ Subscribers. Court holds that MOU creates binding obligations and balance of convenience favors continuity of services pending arbitration.

The applicant, World Phone Internet Services Pvt. Ltd. (WPISPL), a Delhi-based Class A Unified License ISP, filed an application under Section 9 of th...

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Bombay High Court Allows Appeals in Commercial Summary Suit Cases — Triable Issues Raised on Guarantee and Limitation. Court holds that existence of disputed facts regarding limitation and discharge of guarantor requires unconditional leave to defend under Order XXXVII CPC.

The judgment arises from two commercial appeals filed by the defendants against the dismissal of their applications for leave to defend in commercial ...

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High Court of Karnataka Allows Writ Petition for Condonation of Delay in Investment Under Section 54EC of Income Tax Act, 1961 — CBDT's Rejection Set Aside. The CBDT's power under Section 119(2)(b) is not circumscribed by any time limit and must be exercised liberally to avoid hardship.

The petitioner, Dr. Sujatha Ramesh, sold an immovable property during the Assessment Year 2013-14 and realized long-term capital gains. To claim exemp...

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High Court of Bombay Issues Suo Motu Directions to State to Ensure Proper Care for Mentally Deficient Children in Homes. State’s Failure to Implement Juvenile Justice Act Provisions Prompted Mandatory Directions for Streamlined Recognition, Management Committees, and Mental Health Care.

This suo motu Public Interest Litigation was initiated by the High Court of Judicature at Bombay on the basis of a newspaper report dated 24 August 20...