Search Results for "procedural lapse"

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Bombay High Court Sets Aside Bail Granted to Accused in Rape Case Due to Non-Compliance with Mandatory Notice Under Section 23(2) BNSS. Failure to Provide Notice to Victim Before Granting Bail Vitiated the Order.

The applicant, a woman working as a Guest Relation Manager, filed a criminal application before the Bombay High Court seeking to set aside an order da...

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Supreme Court Allows State Appeal in Tender Cancellation Case — Public Interest Justifies Cancellation of LoI Despite Prior Acceptance. Non-Arbitrariness in State Action Not Established When Cancellation is Based on Legitimate Concerns Over Technical Compliance and Financial Viability.

The dispute arose from a tender issued by the State of Himachal Pradesh for the supply, installation, and maintenance of electronic Point-of-Sale (ePO...

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Bombay High Court Allows Petitioner's Petition for Extension of Bank Guarantee Pending Challenge to Arbitral Award — Section 9 of Arbitration and Conciliation Act, 1996. Post-award interim protection can be granted under Section 9 to preserve the subject matter of arbitration pending challenge to award.

The petitioner, Oil and Natural Gas Corporation Limited (ONGC), filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seekin...

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Bombay High Court Upholds Expressway Land Acquisition Compensation Process; Dismisses Farmers’ Writ Petitions

The petitions were filed by farmers whose lands were acquired for the Jalna–Nanded Super Express Highway project. The landowners challenged the ...

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Supreme Court Upholds Decree for Specific Performance, Directs Execution of Possession in Favor of Appellants. Collusion Between Vendors and Respondents to Frustrate Decree Cannot Defeat the Fruits of Justice

Specific Performance and Possession – The Supreme Court held that the appellants were entitled to specific performance of the sale agreement and po...

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Supreme Court Acquits Firdoskhan, Upholds Anwarkhan's Conviction in NDPS Case NDPS case sees partial relief as procedural lapses lead to acquittal of one accused while another remains convicted.

The Supreme Court delivered its verdict in the criminal appeals related to an NDPS Act conviction from Gujarat, resulting in a split outcome. While th...

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Bombay High Court Dismisses Appeal Against Consent Award in Arbitration — Consent Terms Cannot Be Unilaterally Withdrawn After Being Acted Upon. Arbitrator Not Required to Deliver Signed Award Under Section 31(5) When Award Is Made in Terms of Consent Terms Under Section 30.

The appellant, M/s. Pandi Devi Oil Private Limited, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996 challenging an arb...