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Bombay High Court Considers Maintainability of Section 34 Petition Against Foreign Award; Preliminary Objection Raised Pending Determination. Arbitration Agreement Existence and Enforcement of Foreign Award Under Part II Also Examined.

The dispute arose from a voyage charter party dated 13 September 2008 between Aurelia Reederei Eugen Friederich GmbH Schiffahrtsgesellschaft & Company...

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Bombay High Court Hears Writ Petition Challenging Taxability of Interest Received on Enhanced Motor Accident Compensation. Petitioner Claims Interest is Capital Receipt and Not Taxable; Revenue Relies on Sections 56(2)(viii) and 145A(b) of Income Tax Act, 1961.

The petitioner, a 48-year-old man rendered paraplegic and bedridden since a road accident at age 8, filed a writ petition challenging the taxability o...

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Bombay High Court Admits Appeal Against Rejection of Interim Injunction in Suit Challenging Cancellation of Lease by Nagpur Improvement Trust — Dharmashala Allotment Dispute under Nagpur Improvement Trust Act, 1936

The appeal arose from the rejection of a temporary injunction application by the trial court in a suit filed by a charitable trust against the Nagpur ...

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Supreme Court Allows Dealer's Appeal in Motor Accident Claim — Dealer Not Liable as Owner Under Motor Vehicles Act, 1988. Dealership Agreement Cannot Shift Statutory Liability of Manufacturer for Third-Party Compensation.

The Supreme Court allowed the appeal filed by Vaibhav Jain, the proprietor of M/s Vaibhav Motors, a dealer of Hindustan Motors Pvt. Ltd. The case aros...

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Bombay High Court Quashes Interception Orders in CBI Corruption Case for Lack of Reasons and Public Emergency. Orders under Section 5(2) of Indian Telegraph Act, 1885 set aside as they merely recited statutory language without recording cogent reasons demonstrating public safety or public emergency.

The petitioner, Shyamalendu Kumar Das, a Deputy Chief Labour Commissioner (Central), challenged two orders dated 9 March 2018 and 17 March 2018 passed...

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Bombay High Court Allows Appeal in Railway Accident Case — Deceased's Fall While Alighting Train at Non-Stoppage Station Held to be Untoward Incident Under Section 123(c) of Railways Act, 1989. Negligence of Deceased Not a Defense Under Section 124A; Legal Heirs Entitled to Compensation.

The appeal arises from the rejection of a claim petition by the Railway Claims Tribunal, Nagpur, in Case No. OA(IIu)NGP/2013/0331. The deceased, Arjun...

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Bombay High Court Dismisses Writ Petition Seeking Mandamus to Issue Exemption Notification Under Section 25 of Customs Act, 1962 — No Fundamental Right to Exemption from Customs Duty. Budget Proposal Does Not Have Force of Law Until Enacted; Power Under Section 25 is Permissive, Not Mandatory.

The petitioner, Amin Merchant, imported eight consignments of goods classified under Tariff Heading 2208.10 of the Customs Tariff during financial yea...

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Bombay High Court Dismisses Appeal by BEST in Motor Accident Claim — No Fault Liability Under Section 140 MV Act Upheld. Bus Owner Liable Even Without Negligence as Death Occurred Due to Fall from Moving Bus, Entitling Claimants to Interim Compensation.

The case arises from a motor accident claim filed by the parents of a deceased person who died after falling from a moving BEST bus (No. MH-01-LA-6788...