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Supreme Court Allows Appeal Against Arrest Under PML Act — Validity of Arrest Under Section 19 PML Act Must Be Examined by Trial Court at Remand Stage

The Supreme Court heard an appeal by Arvind Kejriwal challenging his arrest by the Directorate of Enforcement (DoE) under Section 19 of the Prevention...

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Bombay High Court Allows Appeal in Carriage of Goods by Sea Case — Sets Aside Ex-Parte Decree Due to Non-Service of Summons. Service of summons on agent of foreign principal held insufficient to bind the principal under Order 5 Rule 12 of CPC, 1908.

The appeal arises from a judgment and decree dated 18 October 2014 passed by the City Civil Court, Bombay in SC Suit No.7175 of 1997. The plaintiff, D...

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Supreme Court Allows Appeal in Dishonour of Cheque Case, Reinstates Proceedings Quashed by High Court. Parallel Prosecutions Under Section 138 of the Negotiable Instruments Act, 1881 and Other Offences Are Permissible, and Settlement Agreement Does Not Extinguish Liability Unless Full Payment Is Made.

The dispute arose from dishonoured cheques issued by Aanchal Cement Limited (ACL) to Gimpex Private Limited. Gimpex had paid customs duty and wharfage...

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High Court of Bombay Dismisses Petition Challenging Arbitral Award in Railway Parcel Space Lease Dispute. Court upholds arbitrator's finding that claimant failed to prove termination of contract and is not entitled to refund of security deposit.

The petitioner, Prajapati Gunwant Keshavlal, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral ...

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Bombay High Court Allows Claim Under Shetkari Janta Apghat Vima Yojna Despite Lack of Valid Driving Licence and Presence of Alcohol. Insurance Company Cannot Deny Coverage Under Government Scheme for Farmers Unless Policy Expressly Excludes Such Conditions.

The petitioner, Latabai wd/o. Raosaheb Deshmukh, filed a writ petition challenging the communication dated 10.3.2015 of respondent No. 4 Insurance Com...

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Bombay High Court Appoints Sole Arbitrator in Family Dispute Over Partnership and Company Matters — Mediation Failed. Court holds that disputes arising from Deed of Family Settlement and Partnership Deed are arbitrable and that non-signatory companies can be joined as parties to arbitration.

The case involves two groups of the same family, the CPS group (Chandrakant Phoolchand Sanghvi and others) and the APS group (Anilkumar Phoolchand San...

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Bombay High Court Quashes Revisional Order Allowing Liquor Licence in Village Where Women's Gramsabha Resolution Banned Liquor — Held That Gramsabha Resolution Under Section 138 of Bombay Prohibition Act, 1949 Must Be Given Due Weight and Cannot Be Ignored by Revisional Authority.

The petitioners, residents of Village Chas (kaman), Taluka Khed, Dist. Pune, filed a writ petition under Articles 226 and 227 of the Constitution of I...

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Bombay High Court Dismisses Petition Challenging Abolition of Post and Punishment Orders in Service Dispute. Employer's Prerogative to Abolish Post Upheld Unless Mala Fides Proven, and Disciplinary Actions Found Consistent with Natural Justice.

The petitioner, Jitendra Srivastava, was appointed as Joint Director (Administration) by the second respondent to manage personnel, administration, fi...