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Bombay High Court Considers Appeal Under Section 37 Against Interim Order Under Section 9 in Property Development Arbitration. The Impugned Order Granted Conditional Relief Including Injunction and Appointment of Receiver Pending Arbitration.

The appeal under Section 37 of the Arbitration and Conciliation Act, 1996 read with Clause 15 of the Letters Patent challenged an order passed by a le...

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Supreme Court Allows Appeals in Central Excise Case Due to Non-Compliance with Tribunal's Direction to Furnish Document — Violation of Natural Justice. CESTAT's Order Directing Supply of Letter Dated 20.01.2001 Was Final and Could Not Be Modified Without Proper Justification.

The appellant, a manufacturer of cotton yarn and polyester yarn, was issued two show cause notices dated 11.05.2001 and 02.11.2001 alleging excess sto...

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Supreme Court Allows Assessee's Appeal in Income Tax Dispute Over Non-Compete Fee Taxability. Amount Received Under Deed of Covenant Held as Capital Receipt Not Taxable Under Section 28(ii)(a) of Income Tax Act, 1961, Due to Separate Genuine Transaction and Procedural Error in High Court's Judgment.

The appeal concerned the assessment year 1995-96 involving Shri Shiv Raj Gupta, Chairman and Managing Director of Central Distillery and Breweries Ltd...

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Bombay High Court Partially Allows Insurance Appeal in Motor Accident Claim — Reduces Interest Rate from 7.5% to 6% Per Annum. No Contributory Negligence Found as Tribunal's Finding of Negligence on Part of Xylo Driver Was Based on Evidence and Not Shown to Be Perverse.

The appeal was filed by Reliance General Insurance Company Limited under Section 173 of the Motor Vehicles Act, 1988, challenging the judgment dated 3...

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Bombay High Court Partly Allows Management's Petition in Teacher Termination Case — Full Backwages Denied for Lack of Pleading. Oral Termination Set Aside but Backwages Not Automatic Under Section 5 of Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977.

The petitioners, Nava Samaj Mandal and Nitin Godiwala Junior College of Commerce, challenged the judgment and order dated 1 October 2021 passed by the...

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Bombay High Court Quashes Ban Order Against Contractor in ONGC Project Delay Dispute — Violation of Natural Justice. Internal Enquiry Report Not Shared With Contractor Before Imposing Business Ban, Rendering Order Arbitrary and Unreasonable.

The petitioner, Sarku Engineering Services SDN BHD, a Malaysian company, challenged an order dated 4 January 2016 issued by respondent No.2, Oil and N...

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High Court of Gujarat Partially Allows Appeal in Motor Accident Claim — Reduces Contributory Negligence from 10% to Nil and Enhances Income Assessment. Claimant's Income Reassessed at Rs.6,000 per Month Based on Rickshaw Driving Occupation, Resulting in Increased Compensation.

The appellant, Nizambhai Amadbhai Karavat, was the original claimant in a motor accident claim petition arising from an accident on 22.05.2015. While ...

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Gujarat High Court Partly Allows Insurance Company's Appeal in Motor Accident Claim Due to Contributory Negligence of Deceased. Deceased's contributory negligence assessed at 30% as he was sleeping on the farm where the truck was reversing, reducing the award from Rs.7,44,000 to Rs.5,20,800.

The case arises from a motor accident claim filed by the legal heirs of Ashokbhai, who died when a truck reversed and hit him while he was sleeping on...