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Bombay High Court Dismisses Suit for Lack of Jurisdiction in Bank Guarantee Dispute — Exclusive Jurisdiction Clause in Contract Confers Jurisdiction on Chennai Courts. Plaintiff L&T's Suit Challenging Invocation of Performance Bank Guarantee Dismissed as Bombay High Court Has No Territorial Jurisdiction.

The plaintiff, Larsen & Toubro Limited (L&T), filed a suit in the Bombay High Court seeking a declaration that the invocation of a Performance Bank Gu...

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Deemed Conveyance under MOFA Cannot Be Set Aside Merely on Technical Objections When Developer Fails to Execute Conveyance – Bombay High Court

The dispute arose when a cooperative housing society sought deemed conveyance of the land and building from the developer who had failed to execute th...

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Bombay High Court Allows Petitions Challenging Levy of Entry Tax on Natural Gas Under Maharashtra Entry Tax Act, 2002 — Holds That Natural Gas Is Not 'Goods' for Entry Tax Purposes When Supplied Through Pipelines

The judgment concerns four writ petitions filed by companies (Deepak Fertilisers and Petrochemicals Corporation Ltd., Smartchem Technologies Ltd., Emp...

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Bombay High Court Allows Section 11 Application and Appoints Arbitrator Despite Non-Compliance with Pre-Arbitration Procedure. Respondent's Failure to Object to Invocation of Arbitration Constitutes Waiver of Condition Precedent Under Clause 67 of General Conditions of Contract.

The applicant, M/s. Madhav Structural Engineering Ltd., filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking a...

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Supreme Court Allows Appeal Against Arrest Under PML Act — Validity of Arrest Under Section 19 PML Act Must Be Examined by Trial Court at Remand Stage

The Supreme Court heard an appeal by Arvind Kejriwal challenging his arrest by the Directorate of Enforcement (DoE) under Section 19 of the Prevention...

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Bombay High Court Quashes Criminal Proceedings in Property Dispute — Civil Nature of Dispute Precludes Criminal Liability. Agreement for Development and Sale of Flats Breached; Court Holds That Mere Breach of Contract Does Not Attract Offences Under Sections 406 and 420 of the Indian Penal Code, 1860.

The petitioner, Babu Dadasaheb Gavhane, filed a Criminal Writ Petition under Article 227 of the Constitution of India and Section 482 of the Code of C...

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Bombay High Court Dismisses Appeal Against Summary Judgment in Bank Guarantee Enforcement Case. Court holds that invocation of bank guarantee is independent of underlying contract disputes and must be honoured unless fraud or irretrievable injustice is established.

The case arises from a summary suit filed by Bank of India (the respondent) against the appellants, who were the original defendants, for enforcement ...

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Gujarat High Court Quashes FIR in Loan Dispute — Non-Repayment of Loan Does Not Constitute Cheating or Criminal Breach of Trust Under Sections 406 and 420 IPC. Civil Nature of Dispute Leads to Quashing of Criminal Proceedings as Abuse of Process.

The applicant, Bhavinchandra Suryakant Purohit, filed a criminal miscellaneous application under Section 482 of the Code of Criminal Procedure, 1973 (...

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Bombay High Court Enforces Foreign Arbitral Award in Favor of Award Holder Against Award Debtor. Court Rejects Objections Under Section 48 of Arbitration and Conciliation Act, 1996 for Non-Compliance, Incapacity, Natural Justice, and Public Policy.

The case concerns the enforcement of a foreign arbitral award dated 17th January, 2011 passed in London, UK, in favor of Vitol S.A. (the award holder)...