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Bombay High Court Quashes Detention Order Under PITNDPS Act for Non-Communication of Grounds in Language Known to Detenu. Failure to Serve Grounds in English to South African National Who Does Not Know English Violates Article 22(5) of Constitution and Section 8 of PITNDPS Act.

The petitioner, Agisilaos Demetriades, a South African national, challenged an order of detention dated 21.09.2021 passed by Respondent No.2, the Join...

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Bombay High Court Dismisses Petition Challenging Arbitrator's Procedural Order in Arbitration Proceeding. Section 9 or Section 19 of Arbitration and Conciliation Act, 1996 Cannot Be Invoked to Challenge Arbitrator's Communication Regarding Procedure.

The petitioner, Sahyadri Earthmovers, filed an Arbitration Petition under Section 9 read with Section 19 of the Arbitration and Conciliation Act, 1996...

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Bombay High Court Quashes Criminal Proceedings in Cheque Dishonour Case Due to Invalid Notice. Notice sent by Under Postal Certificate (UPC) does not satisfy Section 138(b) of Negotiable Instruments Act, 1881.

The applicants, who were original accused in a complaint under Section 138 of the Negotiable Instruments Act, 1881, filed a criminal application befor...

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Bombay High Court Partially Sets Aside Arbitration Award Against Guarantors in Cooperative Bank Dispute — Guarantors Not Liable for Enhanced Credit Facility Without Their Consent. Guarantor Liability Cannot Be Extended Beyond Original Guarantee Under Section 34 of Arbitration and Conciliation Act, 1996.

The judgment concerns two arbitration petitions filed under Section 34 of the Arbitration and Conciliation Act, 1996, challenging a common undated arb...

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High Court of Bombay Dismisses Broker's Challenge to Arbitral Award in Client Dispute Over Delay Paying Charges. Unilateral Charging of 2% Daily Interest Without Specific Agreement or Proof of Loss Held Unconscionable and Not Enforceable Under Section 34 of Arbitration and Conciliation Act, 1996.

The case involves a dispute between Sharekhan Limited, a trading member/broker of the Bombay Stock Exchange (BSE), and Nita Thakkar, a client. The bro...

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Bombay High Court Upholds Labour Court's Modification of Dismissal to Withholding of Increments in Hospital Employee Misconduct Case. Labour Court's Power Under Section 11A of Industrial Disputes Act, 1947 to Alter Disproportionate Punishment Upheld, Denial of Back Wages Affirmed.

The judgment concerns two cross writ petitions arising from an award dated 10 May 2011 passed by the Labour Court in Reference (IDA) No. 107 of 2008. ...