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Bombay High Court Allows Appeal in Commercial Contract Dispute — Remands Suit for Fresh Consideration on Merits. Failure to Frame Issues and Conduct Trial Rendered Decree Unsustainable Under Order 41 Rule 23 CPC.

The present Commercial Appeal arises from a judgment and decree dated 09/08/2019 passed by the learned District Judge-1, Jalna, in Commercial Suit No....

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Supreme Court Allows Appointment of Arbitrator in Government Contract Dispute Despite Non-Exhaustion of Pre-Arbitration Procedure. Party Autonomy and Minimal Judicial Intervention Upheld Under Section 11 of the Arbitration and Conciliation Act, 1996.

The appellant, Hindustan Construction Company Ltd., was awarded a contract by the respondent, Bihar Rajya Pul Nirman Nigam Ltd. (BRPNNL), on 04.03.201...

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High Court of Karnataka Upholds Labour Court Award of Reinstatement with Backwages in Industrial Dispute — Employer's Challenge Dismissed for Lack of Merit. Termination of Workman Found Illegal as Domestic Inquiry Was Not Held and Employer Failed to Prove Misconduct.

The petitioner, M/s TTK Healthcare Ltd, an employer engaged in the manufacture of ready-to-eat food products, challenged the award dated 28.02.2014 pa...

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Bombay High Court Dismisses Writ Petition Challenging E-Auction Sale Due to Alternate Remedy Under SARFAESI Act. Petitioner, as second highest bidder, alleged collusion and system malfunction but was directed to approach Debts Recovery Tribunal.

The petitioner, Radhika Rajesh Agarwal, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court challenging ...

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High Court of Karnataka Dismisses Petition Challenging Refusal to Set Aside Ex-Parte Decree in Suit for Permanent Injunction — Held That Trial Court's Discretionary Order Did Not Suffer from Jurisdictional Error or Perversity.

The petitioners, who were defendants in a suit for permanent injunction filed by the respondent-company, challenged the order of the trial court dated...

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Bombay High Court Acquits Accused in Rape Case Due to Inconsistent Evidence and Lack of Consent Proof. Conviction under Sections 376 and 417 IPC Set Aside as Prosecution Failed to Establish Forcible Sexual Intercourse Beyond Reasonable Doubt.

The appellant, Angad Tikaram Chandane, was convicted by the trial court for offences under Sections 376 (rape) and 417 (cheating) of the Indian Penal ...

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Bombay High Court Dismisses Judgment Debtors' Writ Petitions Challenging Attachment in Execution of Foreign Decree. Court Holds That Objections Under Order 21 Rule 58 CPC Must Be Raised Before Executing Court, Not by Writ Petition.

The judgment pertains to two writ petitions filed by judgment debtors challenging the attachment of their property in execution of a foreign decree. T...