Search Results for "Contradictory Clauses"

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WRIT PETITION NO. 151 OF 2019

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Bombay High Court Dismisses Appellant's Appeal Against Arbitral Award in Tie-Up Agreement Dispute. Court Upholds Arbitrator's Finding that Agreements Were Joint Venture, Not Loan, and Confirms Award of Counterclaim with Interest.

The appellant, National Agricultural Co-operative Marketing Federation of India Limited (NAFED), and the first respondent, Roj Enterprises (P) Limited...

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Supreme Court Overrules PV Narasimha Rao, Holds Bribery Not Protected by Parliamentary Privilege — Legislators Who Accept Bribes for Speech or Vote Are Not Immune from Prosecution Under Articles 105(2) and 194(2) of the Constitution.

The Supreme Court of India, in a seven-judge bench decision, overruled its earlier majority judgment in PV Narasimha Rao v. State (CBI/SPE) (1998) 4 S...

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Supreme Court Allows Appeals by DISCOMs and Generating Companies in Electricity Tariff Dispute — Change in Law Compensation for Coal Shortfall Must Be Computed Based on Actual GCV and SHR as per PPAs.

The judgment involves two civil appeals concerning the determination of compensatory tariff for Change in Law events under long-term Power Purchase Ag...

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Supreme Court Dismisses Writ Petition Challenging Delimitation Commission for Jammu and Kashmir Union Territory. Delimitation Exercise Upheld as Valid Under Jammu and Kashmir Reorganisation Act, 2019, with Constitutional Provisos Inapplicable to Union Territories.

The writ petition under Article 32 of the Constitution of India challenged the legality and validity of constituting a Delimitation Commission for the...

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Supreme Court Allows Appeal in Insurance Claim Dispute — Repudiation of Overseas Mediclaim Policy for Non-Disclosure of Pre-existing Condition Set Aside. Insurer Failed to Prove That Insured Had Knowledge of Hyperlipidaemia at Time of Proposal.

The appellant, Manmohan Nanda, sought an overseas mediclaim policy from United India Assurance Co. Ltd. to travel to the USA for a family wedding. He ...

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Bombay High Court Quashes FIR in SC/ST Atrocities Case for Lack of Public View and Mens Rea. Alleged Caste-Based Insults Made in Private Office Not in Public View Under Section 3(1)(x) of SC & ST (Prevention of Atrocities) Act, 1989.

The judgment concerns two criminal applications filed under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of the same First In...

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Bombay High Court Dismisses State Appeal Against Acquittal in Electricity Theft Case Due to Lack of Evidence. Theft of Energy Allegation Fails as Prosecution Did Not Prove Tampering or Unauthorized Use Beyond Reasonable Doubt Under Sections 39 and 44 of the Indian Electricity Act, 1910.

The State of Maharashtra appealed against the acquittal of Girish Shankarlal Ostawal and Dilip Shankarlal Ostawal by the Judicial Magistrate First Cla...