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Bombay High Court Partly Allows MTNL's Challenge to Arbitral Award, Reduces Future Interest from 18% to 9%. Court upheld the arbitrator's findings on quantum but modified the future interest rate as excessive under Section 31(7)(b) of the Arbitration and Conciliation Act, 1996.

The petitioner, Mahanagar Telephone Nigam Ltd. (MTNL), a Central Government Corporation, challenged an arbitral award dated 3 July 2006 passed by a so...

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Bombay High Court Considers Maintainability of Commercial Appeals Against Interim Orders in Trademark Infringement Suits. Preliminary Objection Raised That Orders Impugned Do Not Fall Within Appealable Categories Under Section 13(1A) of Commercial Courts Act, 2015 as Amended.

These two commercial appeals were filed by the original defendants in intellectual property suits pending before the Bombay High Court. The suits, ins...

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Supreme Court Dismisses Telecom Company's Claim for Refund of Entry Fee After 2G Licences Quashed Due to Illegal Government Policy. Restitution Under Section 65 of Indian Contract Act, 1872 Denied as Quashing Did Not Render Contracts Void, and Set-Off Policy Upheld Under Article 14 of Constitution.

The dispute involved a telecom company seeking a refund of an Entry Fee of Rs 1454.94 crores paid for 2G licences across twenty-one service areas, aft...

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Bombay High Court Allows Appeal Against Reconstruction of Suit Records Without Determining Pendency. Order for Reconstruction of 1969 Suit Records Set Aside as Prothonotary Failed to Verify Pendency and Notice Not Given to Defendants.

A suit was instituted on the Original Side of this Court in 1969 for the redemption of a mortgage executed in 1925. The Defendants were a company owne...

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Bombay High Court Upholds Private Complaints for Dishonour of Cheque Over Rs. 1 Crore Under Section 138 of Negotiable Instruments Act, 1881. Section 142(2) of NI Act Does Not Mandate Police Investigation, Private Complaint Maintainable.

The case involved a reference made by a learned Single Judge of the Bombay High Court regarding the interpretation of Section 142(2) of the Negotiable...

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Bombay High Court Dismisses PIL Against Politician for Alleged Disproportionate Assets — No Prima Facie Case Made Out. Petitioner failed to provide credible material to justify investigation under Prevention of Corruption Act, 1988.

The petitioner, an RTI activist, filed a PIL in the Bombay High Court alleging that respondent 9, a politician and former Home Minister of Maharashtra...

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Supreme Court Dismisses CBI Appeal Against Quashing of Criminal Proceedings in Bank Fraud Case Following Civil Settlement. Full Settlement of Civil Dues and No Surviving Criminality Justified Quashing Under Section 482 CrPC.

The appeals were filed by the CBI against the judgment of the Delhi High Court quashing criminal proceedings in CBI Case No. RC.4(A)/94CBI/BSC/DLI aga...

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High Court of Bombay at Goa Acquits Accused in Corruption Case Due to Lack of Proof of Demand. Conviction under Sections 7 and 13(1)(d)(ii) of Prevention of Corruption Act, 1988 set aside as prosecution failed to establish demand of bribe beyond reasonable doubt.

The appellant, Pradeep H. Harwalkar, a Junior Passenger Assistant with Konkan Railway Corporation Ltd., was convicted by the Special Court for CBI in ...