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Supreme Court Allows Appointment of Arbitrator in Dispute Over Encashment of Performance Bank Guarantee After Full Contractual Performance. Arbitration Clause Covers Dispute Despite Completion of Contract and Payment.

The petitioner, M/S Glock Asia-Pacific Ltd., filed an application under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeking appointme...

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Supreme Court Acquits Appellants in FCI Fertilizer Misappropriation Case Due to Inconsistent Evidence and Lack of Proof of Criminal Conspiracy. Conviction under Sections 409, 477A IPC and Prevention of Corruption Act Set Aside as Prosecution Failed to Establish Misappropriation Beyond Reasonable Doubt.

The Supreme Court of India heard two criminal appeals arising from a common judgment of the Patna High Court, which had confirmed the conviction of th...

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High Court of Karnataka Upholds Sugar Factory's Right to Export Subsidy Under Sugar Development Fund Act, 1982. Internal transport and freight charges subsidy cannot be denied on ground of non-compliance with procedural requirements where substantive entitlement is established.

The Union of India and the Chief Director (Sugar) filed an intra-court appeal under Section 4 of the Karnataka High Court Act against an order dated 1...

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Bombay High Court Upholds Conviction of Parents for Murder of Daughter in Love Affair Dispute. Circumstantial Evidence Including Last Seen and Recovery Sufficient to Prove Homicide Under Sections 302 and 201 IPC.

The appellants, Mohammad Munna Sardar Khan and Shehnaz Banu Mohd. Khan, were convicted by the Additional Sessions Judge, Greater Bombay, for the murde...

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Bombay High Court Dismisses Appeal in Railway Non-Delivery Case Due to Invalid Notice Under Section 106 of Railways Act, 1989. Notice Served Beyond Six-Month Limitation Period and Addressed to Wrong Authority.

The appellant, M/s. Sapna Emporium, filed a first appeal against the judgment and order dated 22-09-1995 passed by the Railway Claims Tribunal, Bombay...

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Bombay High Court Upholds Conviction of Appellant in NDPS Case for Possession of 3 kg Heroin — Ten Years' RI and Fine of Rs. 1 Lakh Maintained. Search of Bag Not Personal Search, Hence Section 50 NDPS Act Not Applicable.

The appellant, Vinod Ramchandra Dhakad, was convicted by the learned Special Judge, NDPS Cases, Mumbai, in NDPS Special Case No. 107/2004 for an offen...

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Bombay High Court Allows Appointment of Arbitrator in Transport Agreement Dispute Despite Alleged Settlement. Arbitration clause survives termination of contract and disputes regarding compensation are arbitrable under Section 11 of the Arbitration and Conciliation Act, 1996.

The applicant, United Shippers Limited, filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of an...

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Bombay High Court Allows Writ Petition Challenging Detention of Second Hand Machinery Import — Circular No.4/2008-Cus Held Ultra Vires Section 14(1) of Customs Act, 1962. Transaction Value Must Be Accepted Unless Rebutted by Proper Evidence; Guidelines in Circular Cannot Override Statutory Provisions.

The petitioner, M/s Bosch Limited (formerly Motor Industries Co. Ltd.), a public limited company engaged in manufacturing automotive components, impor...

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Bombay High Court Upholds Octroi Levy on Imported Aircraft Parts in Customs Bonded Warehouse — Entry into Municipal Limits Occurs Upon Removal from Warehouse. Interpretation of 'Goods' and 'Entry' Under Section 192 of Mumbai Municipal Corporation Act, 1888 Confirms Levy is Valid and Not Ultra Vires.

The judgment concerns two writ petitions filed by Jet Airways (India) Ltd. and Reliance Commercial Dealers Ltd. challenging the levy of octroi by the ...