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Supreme Court Allows Contractor's Appeal in Arbitration Dispute Over Interest on Delayed Payment. The court examined entitlement to interest under Clause 60.8 of the contract and validity of alleged waiver through communications, referencing arbitration provisions and contract law principles.

The dispute arose from a contract awarded by the State of Kerala to the appellants for highway upgradation, executed on 7 November 2002. The appellant...

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Bombay High Court Allows Second Appeal in Partition Suit, Sets Aside Appellate Decree for Non-Compliance with Order 41 Rule 31 CPC. Failure to Frame Points for Determination and Provide Independent Reasoning Renders Appellate Judgment Unsustainable.

The present second appeal arises from a partition suit filed by the original plaintiffs (appellants) against the defendants (respondents). The plainti...

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Bombay High Court Acquits Appellants in Murder Case Due to Unreliable Testimony and Lack of Corroboration. Conviction under Section 302 IPC Set Aside as Evidence of Last Seen and Motive Fails to Establish Guilt Beyond Reasonable Doubt.

The case arises from a criminal appeal filed by Chandrakant @ Gotya Ramdas Pawar and four others (original accused Nos.1, 2 & 4 to 6) against their co...

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Bombay High Court Allows Complainant's Appeal in Cheque Dishonour Case, Sets Aside Acquittal. Presumption under Section 139 of Negotiable Instruments Act, 1881 applies when cheque and signature are admitted, shifting burden on accused to prove defence.

The case involves a criminal appeal filed by the complainant, Sukhalal Kumar, against the acquittal of the accused, Prakash B. Borkar, under Section 1...

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Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Upholds Concurrent Findings of Trial and Appellate Courts. Agreement to Sell Dated 10.1.2003 Validly Enforced Despite Subsequent Sale to Appellant, as Appellant Was Not a Bona Fide Purchaser Without Notice.

The dispute pertains to land bearing Gat No.1120 admeasuring 38 Are situated at Mouza Pimpalgaon Raja, Taluka Khamgaon, District Buldana. The plaintif...

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Bombay High Court Dismisses Borrowers' Writ Petitions Challenging SARFAESI Proceedings by Cooperative Bank — Alternative Remedy Under Section 17 of SARFAESI Act Held Efficacious. Petitioners Directed to Approach Debt Recovery Tribunal for Relief Against Recovery Actions.

The judgment concerns a batch of writ petitions filed by borrowers (Arun Dattatraya Narake and others) against the Authorized Officer of Kolhapur Dist...

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Supreme Court Allows Banks' Appeals in RBI Fraud Classification Case Regarding Natural Justice Requirements. Court Holds No Absolute Right to Personal Hearing or Full Forensic Audit Report Disclosure Under RBI Master Directions Issued Under Section 35A Banking Regulation Act, 1949.

The dispute arose from the classification of loan accounts as 'fraud' by banks under the Reserve Bank of India's Master Directions. The appellant bank...