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Bombay High Court Dismisses Appeal Against Arbitral Award in Flat Purchase Dispute — Time Was Essence of Contract. Appellant failed to pay balance consideration within stipulated time; arbitrator's award of interest and costs upheld under Section 37 of Arbitration and Conciliation Act, 1996.

The appellant, Mr. Nirmal Sureka, entered into two agreements on 26.11.1999 with respondent nos. 1 and 2 (Alankar Real Estate Pvt. Ltd. and Hotel Amar...

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Bombay High Court Dismisses Appeal Under Section 37 of Arbitration Act in Demurrage Dispute, Upholding Concurrent Findings Below. Clause 10(v) Held to Create Direct Liability for Demurrage, Not Indemnity, and Counterclaim for Option Cargo Damages Rejected.

The dispute arose from a coal supply contract dated 18 September 1999 between the appellant, an Indian company, and the respondent, an Australian comp...

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Bombay High Court Considers Letters Patent Appeal Against Single Judge's Order in Retrenchment Dispute, Examining Scope of Industrial Tribunal's Jurisdiction. Key Issues Include Whether Tribunal Could Determine Legality Under Section 25F When Reference Limited to Justifiability of Retrenchment.

The appeal arose from an industrial dispute concerning the retrenchment of seven workmen by M/s DBH International Ltd., a clearing and forwarding agen...

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Bombay High Court Allows Second Appeal in Specific Performance Suit — Holds That Payments Made to Authorized Representatives of Partnership Firm Are Valid Under Contract Act. Burden of Proof Shifts to Defendants When Plaintiff Proves Payment to Persons Held Out as Authorized in Brochure.

The case involves a second appeal filed by the original plaintiff, Mr. Sharad Prabhudas, against the judgment of the First Appellate Court which rever...

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Complainant not required to prove service obtained for self-employment livelihood unless appellant proves commercial purpose.

Consumer Protection - Maintainability of Complaint - Definition of Consumer - Service obtained for Commercial Purpose - Onus of Proof - Burden of Proo...

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Bombay High Court Dismisses Tenant Company's Revision Against Jurisdiction Under PSCC Act. Company Failed to Prove Paid-Up Share Capital Below Rs.1 Crore to Avail Protection Under Maharashtra Rent Control Act, 1999.

The dispute arose from a suit for possession filed by the original plaintiffs (respondents 1 to 12) against M/s. New Era Fabrics Ltd., the original de...

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Supreme Court Allows Review Petition Filed by Customs Department in Customs Act Case — DRI Officers Held as Proper Officers. The Court overruled earlier decisions and upheld Section 28(11) of the Customs Act, 1962 as constitutionally valid, restoring the Department's power to issue show cause notices.

The Supreme Court, in a batch of petitions led by Review Petition No. 400 of 2021, considered the correctness of its earlier judgment in M/s Canon Ind...

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Bombay High Court Admits Central Excise Appeal on Conditional Exemption and Cenvat Credit. The Appeal Raises Substantial Questions of Law Regarding Notification No.6/2006-C.E. and Credit on Aggregates Used in Export.

The Bombay High Court heard a central excise appeal filed by Mahindra & Mahindra Ltd. against the Commissioner of Central Excise, Mumbai-V. The appell...