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Bombay High Court Allows Section 11 Application and Appoints Arbitrator in MCGM Contract Dispute. Court Holds That Respondent's Failure to Appoint Arbitrator Within 30 Days of Notice Entities Applicant to Court-Appointed Arbitrator Under Section 11 of the Arbitration and Conciliation Act, 1996.

The applicant, Kalpataru Projects International Ltd., filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking app...

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High Court of Karnataka Quashes FIR in Cheque Dishonour Case Due to Lack of Ingredients of Offence Under Section 138 of Negotiable Instruments Act, 1881. Court Held That Mere Issuance of Cheque Without Existing Liability Does Not Attract Offence Under Section 138 NI Act.

The petitioners, who were employees of Bagalkot Cement and Industries Limited, filed a petition under Section 482 of the Code of Criminal Procedure, 1...

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Bombay High Court Dismisses State Appeal Against Acquittal in Corruption Case Due to Unreliable Complainant and Lack of Corroboration. Demand of Bribe Not Proved Beyond Reasonable Doubt Under Sections 7, 13(1)(d), 13(2) of Prevention of Corruption Act, 1988.

The State of Maharashtra appealed against the judgment of the Special Judge (P.C. Act), Raigad, dated 29.9.2004, acquitting the respondent (accused) o...

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Bombay High Court Dismisses Petition Challenging Industrial Tribunal Award in Workmen Termination Dispute. Employer-Employee Relationship Established Between Firm and Workmen Despite Contractor Engagement.

The petitioner, a partner of M/s. Shah & Co., challenged an award of the Industrial Tribunal at Mumbai in Reference (IT) No.24 of 2011. The dispute co...

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Bombay High Court Quashes Criminal Proceedings Against Police Officer in Private Complaint for Assault — Lack of Sanction Under Section 197 CrPC Renders Prosecution Invalid. Proceedings under Sections 326, 504, 506(II) and 34 IPC quashed as mandatory sanction for public servant not obtained.

The applicant, Manoj Prabhakar Lohar, an Additional Deputy Commissioner of Police in the State Intelligence Department, Mumbai, filed an application u...

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Bombay High Court Allows Writ Petition Challenging Industrial Court's Order Dismissing Complaint as Not Maintainable Due to Lack of Workman Status. Industrial Court Erred in Deciding Merits After Holding It Had No Jurisdiction.

The petitioner, Vasant Manaji Kamble, was originally Complainant No.2 in Complaint (ULP) No. 23 of 2009 before the Industrial Court. He was aggrieved ...

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Bombay High Court Dismisses Appeal Against Official Liquidator's Report Seeking Declaration of Sale as Null and Void in Company Liquidation. Transfer of Leasehold Rights by Company in Liquidation Without Court Sanction Held Invalid Under Section 536(2) of Companies Act, 1956.

The appeal arose from a judgment of the learned Company Judge allowing the Official Liquidator's report seeking a declaration that the sale of immovab...