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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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Bombay High Court Grants Bail to Accused in NDPS Case Due to Long Incarceration and Lack of Trial Progress. Confessional Statement Under Section 67 NDPS Act Held Inadmissible, Right to Speedy Trial Prevails Over Section 37 Rigors.

The applicant, Kondiba Gunjal, Accused No.2 in a complaint filed by the Directorate of Revenue Intelligence (DRI) before the Special Court, sought bai...

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Supreme Court Acquits Accused in Abetment to Suicide Case Due to Lack of Evidence of Instigation. Conviction under Section 306 IPC Set Aside as Alleged Threat Did Not Constitute Abetment.

The Supreme Court allowed the appeal against the conviction of the appellant under Section 306 IPC for abetment to suicide. The appellant was a former...

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High Court of Karnataka Acquits Appellants in NDPS Case Due to Non-Compliance with Sections 42 and 50 of NDPS Act — Search and Seizure Vitiated for Lack of Proper Information Recording and Personal Search Procedure.

The case pertains to an appeal against the judgment of conviction and order of sentence dated 21.04.2011 passed by the Principal District and Sessions...

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Bombay High Court Dismisses Insurer's Challenge to Arbitral Award in Marine Insurance Claim. The Court upheld the arbitrator's finding that goods destroyed by fire at a CFS warehouse were covered under the FOB clause of the Marine Cargo Open Policy.

The case involves a challenge by Tata AIG General Insurance Company Limited (the petitioner/insurer) to an arbitral award passed in favor of M/s. Manh...

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Bombay High Court Partially Upholds Arbitral Award in BOT Contract Dispute — Reduces Interest Rate from 18% to 12%. Court holds that arbitrator's findings on breach and damages are not patently illegal under Section 34 of the Arbitration and Conciliation Act, 1996.

The petitioner, Agarsons Container Terminals, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral...

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Bombay High Court Dismisses Appeal Against Injunction in Bank Guarantee Invocation Dispute. Fraud Must Be Established at Invocation Stage; Bank Guarantee Is Independent Contract Between Bank and Beneficiary.

The appellant, M/s. ABG Ports Limited, filed a suit seeking a declaration that the Joint Bid Agreement (JBA), the Counter Guarantee, and its invocatio...

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Bombay High Court Quashes Criminal Complaint Against Marketer in Weights and Measures Case — Manufacturer Already Convicted and Fined for Non-Declaration of Retail Sale Price Under Packaged Commodities Rules, 1977.

The applicants, Colgate Palmolive India Ltd. and others, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973, seeki...