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High Court of Gujarat Enhances Compensation for Injured Motorcyclist in Motor Accident Claim — Tribunal's Award of Rs.10,44,212/- Modified to Rs.25,00,000/- with 9% Interest. Future Loss of Income Recalculated Based on Notional Income of Rs.4,500/- per Month and 40% Disability.

The appellant, Ambala Muljibhai Makwana (since deceased, represented by legal heirs), was driving a motor cycle on 18.01.2003 when a tanker bearing re...

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Bombay High Court Allows Assessee's Appeal for Full Deduction of Roof Repair Expenditure Under Section 37(1) of Income Tax Act, 1961. Expenditure incurred by tenant on replacement of common roof held to be revenue expenditure allowable in entirety as commercial expediency.

The appellant, Danesh A. Irani, an assessee under the Income Tax Act, 1961, filed an appeal against the order of the Income Tax Appellate Tribunal (IT...

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Bombay High Court Dismisses Petition Challenging Arbitrator's Order Terminating Proceedings Under Section 32(2)(c) of Arbitration and Conciliation Act, 1996. Arbitrator's Decision to Terminate Proceedings as Unnecessary and Impossible Upheld as Within Jurisdiction.

The Arbitration Petition was filed by Sheil Properties Private Limited (Petitioner) under Section 14 of the Arbitration and Conciliation Act, 1996, ch...

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Bombay High Court Sets Aside Wakf Tribunal’s Ex Parte Order for Violation of Natural Justice; Remands Matter for Fresh Hearing. Tribunal Quashed Elections of Mutawallis Without Ensuring Proper Service of Notice, Contradicting Principles of Fair Hearing Under Code of Civil Procedure, 1908.

The dispute arose from elections to the managing committee (Mutawallis) of Tembhi Naka Muslim Jamat Masjid, Thane, a Wakf governed by the Maharashtra ...

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Bombay High Court Enforces Foreign Arbitral Award in Favor of Singapore Seller Against Indian Buyer. Rejects Objections Based on Conflicting Jurisdiction Clauses and Public Policy Under Section 48 of Arbitration and Conciliation Act, 1996.

The petitioner, M/s. Louis Dreyfus Commodities Asia Pte Ltd., a Singapore-based company, filed a petition under Sections 47 and 48 of the Arbitration ...

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Bombay High Court Allows Appeal by Union of India in Customs Gold Confiscation Case — Confessional Statements Under Section 108 of Customs Act, 1962 Are Admissible Evidence and Cannot Be Discarded Without Proof of Coercion.

The case involves an appeal by the Union of India and the Commissioner of Customs (Prev.) against an order of the Customs, Excise and Service Tax Appe...

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Bombay High Court Upholds Dismissal of Employee in Disciplinary Proceedings for Misconduct. Court holds that findings of domestic enquiry are not perverse and punishment is proportionate.

The petitioner, TCE Consulting Engineers Ltd., challenged the order of the Industrial Court which set aside the dismissal of the first respondent, Dil...

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Bombay High Court Allows State's Petition, Upholds Reduction in Pension of Retired Jailor for Misconduct. Disciplinary Proceedings Validly Continued After Superannuation Under Rule 27(2) of Maharashtra Civil Services (Discipline and Appeal) Rules, 1979.

The State of Maharashtra filed a writ petition challenging the order of the Maharashtra Administrative Tribunal which had set aside the punishment of ...