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Supreme Court Allows Appeal in Arbitration Appointment Case — Withdrawal of Section 11 Petition Does Not Bar Fresh Application Under IBC. Order 23 Rule 1 CPC Not Applicable to Arbitration Petitions; Section 9 IBC and Section 11 Arbitration Act Seek Different Reliefs.

The Supreme Court allowed the appeal filed by M/s HPCL Bio-Fuels Ltd. against the judgment of the Bombay High Court which had appointed a sole arbitra...

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Supreme Court Allows NCDC's Appeal in Income Tax Dispute Over Deduction of Grants as Revenue Expenditure. Grants disbursed by a statutory corporation as part of its business are deductible under Section 37 of the Income Tax Act, 1961, regardless of the capital nature of the source funds.

The National Co-operative Development Corporation (NCDC), established under the National Co-operative Development Corporation Act, 1962, is a statutor...

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Bombay High Court Allows Release of Seized Vehicle in MCOCA Case Despite Accused Being in Custody — Vehicle Ordered to be Returned on Supurdnama. The court held that the owner is best entitled to interim custody of the vehicle and the fact that the accused is in custody is not a bar to release.

The applicant, Dnyaneshwar @ Mauli Ananda Rasal, was an accused in Crime No. I-19 of 2017 registered at Parner Police Station for offences under Secti...

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Bombay High Court Dismisses Petition Challenging Injunction in Non-Compete Clause Dispute. Temporary Injunction Granted to Restrain Former Employee from Competing with Employer for Three Years Based on Contractual Non-Compete Agreement.

The petitioner, Tapas Kanti Mandal, was employed by Cosmo Films Ltd. as a manager in its Research and Development Department from May 2003. He resigne...

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Bombay High Court Dismisses Appeal by Municipal Corporation Against Rejection of Petition to Set Aside Arbitral Award. Arbitrator's Findings on Contractual Interpretation and Delay Held Final Under Section 30 of Arbitration Act, 1940.

The appellant, Municipal Corporation of Greater Bombay, had invited tenders for re-construction of Zakariya Bunder road in May 1989. Respondent no.1 s...

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Bombay High Court Allows Appeal in Trust Property Dispute — Possession of Suit Plot Not Acquired by Government. Land Acquisition Proceedings Did Not Include the Suit Plot, Hence Government Cannot Claim Title or Possession Without Proper Acquisition Under Land Acquisition Act, 1894.

The appeal arises from a judgment and decree dated 25.9.1995 of the Civil Judge, Senior Division, Yavatmal, dismissing Special Civil Suit No.86/1994 f...

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Bombay High Court Dismisses Union of India's Appeal Against Arbitral Award in Railway Construction Contract Dispute. Court Upholds Arbitrator's Award of Compensation for Underutilization of Resources Due to Railway's Delays.

The Union of India, representing the South-East-Central Railway, appealed against an order of the District Judge, Nagpur, refusing to set aside an arb...

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Bombay High Court Upholds Labour Court Award of Reinstatement with Back Wages for Workman Retrenched Due to Computerization. Introduction of computers does not constitute a valid ground for retrenchment without compliance with Section 25-F of the Industrial Disputes Act, 1947.

The judgment arises from two writ petitions challenging a common award of the Labour Court dated 19th September 2002. The workman, Mohammed Asad Khan,...