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Bombay High Court Upholds Conviction of Court Clerk for Criminal Breach of Trust and Forgery of Records. Property Clerk misappropriated muddemal property and amounts, and made false entries in registers, convicted under Sections 409, 466, 477 IPC.

The applicant, Kanhaiyalal Damahe, was a property clerk in the Court of Civil Judge Junior Division, Saoner, from 1.6.2001 to 31.5.2005. During his te...

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Supreme Court Enforces Foreign Award in Two-Tier Arbitration — Holds ICC Award Enforceable Despite Prior Indian Award. Two-Tier Arbitration Clause Valid Under Indian Law; Natural Justice Opportunity Afforded to Respondent.

The dispute arose from a contract between Centrotrade Minerals and Metals Inc., a US corporation, and Hindustan Copper Ltd. (HCL) for the sale of copp...

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Bombay High Court Dismisses Appeal Against Single Judge Order in Suit for Specific Performance and Injunction — Court Receiver Directed to Hand Over Possession to Plaintiff. Held that the Court Receiver's appointment was proper and the appeal lacked merit.

The appellants, who are partners of Crescent Builders, filed an appeal against an order of the learned Single Judge in Suit No.1512 of 2009. The Singl...

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High Court of Bombay Dismisses Petition Challenging Arbitral Award in Contract Dispute — Rejects Challenge Under Section 34 of Arbitration and Conciliation Act, 1996. Arbitrator's findings on delay and damages held to be plausible and not perverse.

The Union of India (Petitioner) challenged an arbitral award dated 28th March, 2007 (amended on 19th April, 2007) passed by the sole Arbitrator (Chief...

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Bombay High Court Dismisses Petition Seeking Review Committee for MCOCA Cases — No Statutory Basis for Review Committee Under MCOCA. Court held that MCOCA does not provide for a Review Committee and directions given in Kartar Singh for TADA cannot be imported into MCOCA.

The petitioner, Vijay Anant Vashirde, was an accused in MCOC Special Case No.6 of 2009 under the Maharashtra Control of Organized Crime Act, 1999 (MCO...

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Bombay High Court Allows Owner's Appeal in Motor Accident Claim — Directs Inclusion of No-Fault Liability Payment. Tribunal's Award Modified to Reflect Rs.50,000 Already Paid Under Section 140 of Motor Vehicles Act, 1988.

The appellant, Babu @ Balu Narsingrao Pathak, owner of the vehicle involved in a motor accident, filed an appeal against the judgment and award dated ...

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Bombay High Court Dismisses Appeals Against Order Allowing Workmen's Application for Payment of Gratuity and Other Dues from Company Assets. Workmen's dues have priority under Section 529A of Companies Act, 1956, and Official Liquidator must pay from sale proceeds.

The case involves two appeals filed by Grand View Estates Private Limited and Forbes & Company Limited against an order of the Company Court allowing ...