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High Court of Bombay Hears Section 34 Petition Concerning Forfeiture of Bid Securities in Tender Process. The Petition Questions Whether the Arbitrator Correctly Interpreted Clause 19.6 of the Tender Instructions and the Law on Bank Guarantees.

The dispute arose out of a tender process floated by the Maharashtra State Electricity Distribution Company Limited for supply, construction, and comm...

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Bombay High Court Upholds Jurisdiction of Civil Court in Possession Dispute Involving Family Members. Section 33 of Maharashtra Rent Control Act, 1999 Held Not to Bar Suit as Tenancy Question Not Directly Arising.

The appeal before the Division Bench of the Bombay High Court arose from an order of a learned Single Judge deciding a preliminary issue of jurisdicti...

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Bombay High Court Adjudicates Section 34 Petition Against Arbitral Award on Termination and Repudiation of Master Asset Purchase Agreement. Arbitrator's Finding of Repudiation by Purchaser and Direction for Refund of Consideration under MAPA Considered.

The dispute arose from a Master Asset Purchase Agreement (MAPA) dated 31st March 2005 between Siddhivinayak Realties Pvt. Ltd. as purchaser and V Hote...

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Bombay High Court Reviews Preventive Detention Under COFEPOSA Act for Alleged Smuggling of Red Sanders. Questions Raised Over Violation of Right to Equal Representation and Proper Subjective Satisfaction.

The petition was filed by the wife of the detenu Ajit Bapu Satam, challenging his preventive detention under the Conservation of Foreign Exchange and ...

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High Court of Karnataka Dismisses State's Commercial Appeal, Upholds Arbitral Award in ICT Project Dispute — Termination Found Unlawful. Composite Contract and Direct Nexus Between State and Consortium Rendered Claim Maintainable, and Arbitral Award of Rs.178.98 Crores Not Against Public Policy.

The appeal arises from an arbitral award of Rs.178,98,38,525 in favour of respondent No.1, a consortium partner, against the State of Karnataka for wr...

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Bombay High Court Hears Challenge to Section 14 Order and Auction Under SARFAESI Act, 2002; Petitioner Alleges Violation of Natural Justice. The Court Examines Maintainability of Writ Petition Given Available Alternate Remedy Under Section 17.

The petitioner, a sole proprietor of a knitwear unit, had availed term loan and cash credit facilities aggregating Rs. 4.55 crores from respondent no....

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Supreme Court Refers Challenge to 103rd Constitutional Amendment Providing 10% EWS Reservation to Constitution Bench. The Court finds substantial questions of law regarding basic structure and interpretation of Articles 15(6) and 16(6) warranting a five-judge bench hearing.

The Supreme Court, in a batch of writ petitions, considered the constitutional validity of the Constitution (One Hundred and Third Amendment) Act, 201...

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Bombay High Court Dismisses Revenue Appeal in Central Excise Clandestine Removal Case — CESTAT Order Upheld for Lack of Evidence. Allegation of removal of 1,687,585.511 kg of yarn without duty payment fails as Revenue could not prove clandestine removal beyond reasonable doubt.

The Principal Commissioner of Central GST & C. Ex., Daman Commissionerate, filed an appeal under Section 35G of the Central Excise Act, 1944, against ...

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Bombay High Court Upholds Labour Court Award of Reinstatement with 50% Back Wages to Daily Wage Worker in Public Works Department — Belated Reference and Destruction of Records Not Fatal to Claim Under Industrial Disputes Act, 1947.

The case involves a writ petition filed by the Executive Engineer, Public Works Division, Wardha (the petitioner/employer) challenging an award dated ...