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Supreme Court Dismisses Appeal to Enforce English Summary Judgment in Guarantee Dispute — Foreign Judgment Held Unenforceable for Violating Principles of Natural Justice Under Section 13 CPC. Summary judgment passed after denying leave to defend is not conclusive and cannot be enforced in India.

The dispute arose from a Share Purchase and Co-operation Agreement (SPCA) executed on 12.05.1995 between (appellant, a foreign company) and (responden...

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Bombay High Court Dismisses Journalist's Compensation Claim for Handcuffing During Police Transit. No Violation of Articles 14 and 21 Found as Handcuffing Was Justified by Threat of Escape and No Malice Established.

The petitioner, Satish Banwarilal Sharma, a journalist and managing editor of a daily newspaper, filed a criminal writ petition under Article 226 of t...

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Bombay High Court Allows Minor Cricketer's Petition Challenging Age Determination Test Report. The court quashed the TW-3 test report and directed BCCI and MCA to consider documentary evidence for age verification.

The petitioner, Master Sagar Prakash Chhabria, a minor represented by his father, filed a writ petition under Article 226 of the Constitution of India...

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Bombay High Court Quashes Allotment of Gairan Land to Sugar Factory in Public Interest Litigation — Grazing Land Cannot Be Diverted for Industrial Use Without Following Procedure Under Maharashtra Land Revenue Code, 1966.

The Bombay High Court disposed of a Public Interest Litigation (PIL) and a connected Writ Petition concerning the allotment of gairan (grazing) land t...

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High Court of Bombay Dismisses Petition Challenging Arbitral Award in Joint Venture Dispute — No Grounds for Interference Under Section 34 of Arbitration and Conciliation Act, 1996. Court upholds arbitrator's findings on breach of joint venture agreement and rejection of counter claims as not perverse.

The petitioner, Development Corporation of Konkan Limited, a government company, filed a petition under Section 34 of the Arbitration and Conciliation...

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Bombay High Court Allows Petition Against Forfeiture of Earnest Money in Toll Collection Tender Dispute. Variation in Contract Period from 90 Weeks to 52 Weeks Constitutes Counter-Offer, Not Acceptance, Thus Forfeiture Invalid.

The petitioner, M/s Abhay Construction, a partnership firm, submitted a tender to the Maharashtra State Road Development Corporation Ltd. for collecti...

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Bombay High Court Allows Assessees in Income Tax Reference Regarding Gold Bonds Profit as Capital Gain. Profit from sale of National Defence Gold Bonds held not taxable as business income under Income Tax Act, 1961, as transaction was not an adventure in the nature of trade.

The case involves three income tax references arising from a common order of the Income Tax Appellate Tribunal, Mumbai, for the assessment year 1980-8...