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Bombay High Court Allows Section 9 and 11 Petitions in License Termination Dispute with Airports Authority of India. Disputes Over Termination of License to Occupy Airport Premises Held Arbitrable Despite Public Premises Act.

The Bombay High Court dealt with three connected proceedings: two petitions under Section 9 of the Arbitration and Conciliation Act, 1996, and one app...

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Supreme Court Allows State's Appeal in Excise Duty Case — Licensee Liable for Duty on Liquor Destroyed in Fire. Absolute liability under Rule 7(11)(a) of UP Bottling of Foreign Liquor Rules, 1969 and Rules 708/709 of UP Excise Manual; act of God no defense.

The case arises from a fire incident on 10.04.2003 at the godown of the respondent company, a distillery licensee, which destroyed 35,642 cases of Ind...

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Bombay High Court Allows Appeal in Specific Performance Suit — Oral Agreement Not Proved. Plaintiff failed to establish oral agreement, payment of consideration, and suit was barred by limitation under Article 54 of the Limitation Act, 1963.

The appellants (original defendant nos. 2 to 4) challenged the judgment and decree dated 18/02/2014 passed by the learned Judge, City Civil Court, Mum...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Security Deposit Dispute. Court upholds arbitrator's finding that the amount was a refundable security deposit and not a loan, rejecting challenge under Section 34 of Arbitration and Conciliation Act, 1996.

The petitioners, A. S. Patel Trust and its trustees, challenged an arbitral award dated 12 October 2018 under Section 34 of the Arbitration and Concil...

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Bombay High Court Directs BMC to Provide Alternate Premises to Disabled Petitioner After Illegal Demolition of Stall. License Under Section 394 of MMC Act, 1888 Does Not Authorize Structure on Public Land, but Demolition Without Notice Violates Natural Justice.

The petitioner, Mohd. Sayed Mohd. Salim Nagori Rizvi, a person with 100% hearing disability, filed a writ petition seeking reconstruction of his stall...

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Karnataka High Court Upholds SC/ST Reservation in Excise Licenses — CL-7D Rules Valid. Amendment to Karnataka Excise (Sale of Indian and Foreign Liquor) Rules, 1968 providing concessional licenses to SC/ST hotel owners is not arbitrary or unconstitutional.

The petitioner, B Govindraj Hegde, Secretary of the Federation of Wine Merchants Association, Karnataka, challenged the vires of the Karnataka Excise ...

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Bombay High Court Quashes Suspension of Eating House License for Violation of Natural Justice. Licensee Not Present During Alleged Obscene Acts; Suspension Without Notice and Hearing Set Aside Under Bombay Police Act, 1951.

The petitioner, Ramarai Rammilan Rai, was a co-licensee of an eating house known as 'Missile Restaurant and Bar' in Goregaon, Mumbai, holding a licens...