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Bombay High Court Allows Appeal, Restores Arbitral Award in Contractor vs. Irrigation Corporation Dispute. Court Holds That Section 34 Court Exceeded Its Jurisdiction by Reappreciating Evidence and Setting Aside Award on Grounds Not Permitted Under Section 34 of the Arbitration and Conciliation Act, 1996.

The present Commercial Arbitration Appeal was filed by M/s. Shinde & Sons, a contractor, under Section 37 of the Arbitration and Conciliation Act, 199...

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"Supreme Court of India Resolves Complexities in Taxation of Mineral Rights" "Judgment Clarifies Legislative Powers and the Nature of Royalty in Mining Sector"

The Supreme Court of India addressed a significant dispute regarding the distribution of legislative powers between the Union and the States, specific...

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High Court Dismisses Review Petition in Public Tender Dispute — Petitioner Not a Necessary Party to Earlier Writ. Review of Coordinate Bench Judgment Not Maintainable as Petitioner Was Not Impleaded and No Error Apparent on Record.

The petitioner, M/S SAPL-GCC JV, was a participant in a public tender called by the New Mangalore Port Trust (NMPT) for construction of breakwater. Th...

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Supreme Court Reverses High Court in Contract Dispute Over Business Transfer vs. License Agreement. The Court held that the agreement was a transfer of existing business, not a license in premises under Bombay Rent Act, based on plain contractual language excluding extrinsic evidence.

The appeal arose from a dispute over an agreement dated 07.02.1963 between the appellant, who inherited a stationary business from her deceased husban...

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Bombay High Court Upholds Chief Secretary's Order in Water Release PIL for Kumbhmela. Court holds that release of water from Gangapur Dam for holy baths during drought must comply with Government Resolution prioritizing drinking water.

The petitioner, Hiralal Motilal Desarda, a professor and activist, filed a Public Interest Litigation challenging the State Government's decision to r...

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Bombay High Court Dismisses Appeal Against Rejection of Interim Relief in SARFAESI Act Case — Civil Suit Held Not Maintainable Due to Bar Under Section 34 of SARFAESI Act. Borrowers Must Avail Remedy Under Section 17 Before DRT Instead of Seeking Injunction in Civil Court.

The case involves an appeal filed by the appellants, who are borrowers and guarantors, against an order of the Commercial Division of the Bombay High ...

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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 Dismisses PIL Challenging Award of Container Terminal Contract to PSA International. Court holds that the petitioner failed to establish any public interest or mala fides in the tender process for the 4th Container Terminal at JNPT.

The petitioner, Mandar Narhari Parab, claiming to be a journalist, filed a Public Interest Litigation (PIL) in the Bombay High Court challenging the d...