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Madras High Court Allows Appeal in Commercial Dispute Over Berth Reservation Agreement — Restores Arbitral Award. Court Holds That Arbitral Tribunal's Findings on Limitation and Merits Were Not Perverse and Did Not Warrant Interference Under Section 34 of the Arbitration and Conciliation Act, 1996.

The appellant, M/s.X-Press Container Lines (UK) Ltd., entered into a Berth Reservation Agreement with the respondent, the Board of Trustees of the Por...

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Supreme Court Upholds Refund Order in Unfair Trade Practice Case, Denies Specific Performance. Forfeiture of Earnest Money Upheld Due to Buyer's Default Under Clause 10 of Plot Buyer's Agreement.

The appellant, Sudha Gupta, filed an appeal under Section 53T of the Competition Act, 2002 read with Section 55 of the repealed Monopolies and Restric...

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High Court of Bombay at Goa Upholds Acquittal in Cheque Dishonour Case Due to Non-Examination of Complainant Partner. Failure to Prove Legal Liability Under Section 138 of Negotiable Instruments Act, 1881 as Presumption Under Section 139 Stands Rebutted.

The case involves a criminal revision application filed by M/s Reshmi Constructions, a partnership firm, against the acquittal of Laxman Vithal Chunek...

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Bombay High Court Directs Customs to Refund Sale Proceeds with Interest Following Settlement Commission Order. Failure to Implement Settlement Order Within Reasonable Time Amounts to Unjust Enrichment and Arbitrary Action Under Article 226.

The Petitioner, Vishnu M. Harlalka, approached the Bombay High Court under Article 226 of the Constitution seeking implementation of an order dated 9 ...

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Bombay High Court Upholds Specific Performance of Development Agreement in Favor of Purchasers. Agreement for Development Treated as Agreement for Sale Under Specific Relief Act, 1963 as Essential Terms Constitute Sale of Immovable Property.

The appellants, original defendants, were the owners of a property in Pune. They executed a development agreement dated 18th October 2007 in favor of ...

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Bombay High Court Allows Electricity Board's Petition Challenging Injunction Against Disconnection for Non-Payment of Arrears. Inherent Powers Under Section 151 CPC Cannot Be Used to Restrain Disconnection Under Section 56 of Electricity Act, 2003.

The petitioner, Maharashtra State Electricity Board (now Maharashtra State Electricity Distribution Co. Ltd.), challenged an order passed by the Civil...

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Bombay High Court Allows Appeal in Contract Dispute Over Advance Payment Recovery — Defendants Liable to Refund Balance Advance After Failure to Deliver Goods. The court upheld the trial court's decree for refund of advance payments with interest, finding breach of contract by the defendants.

The plaintiff, M/s. Sync Overseas Marketing Pvt. Ltd., placed an order with the defendants, M/s. Girivijay Enterprises & ors., on 14th October 1995 fo...