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Bombay High Court Addresses Section 11 Application for Appointment of Arbitrator; Validity of 20% Claim Cap Clause Under Scrutiny. The Court Examines Whether a Contractual Condition Limiting Arbitration to Claims Not Exceeding 20% of Contract Value Is Arbitrary and Discriminatory.

The dispute arose from a contract dated 7 May 2018 between a contractor and the Central Railways for the preparation of design and structural drawings...

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Karnataka High Court Dismisses Criminal Petition Seeking Redaction of Deposition in POCSO Case. Statement Under Section 164 CrPC Held Not Substantive Evidence; Reference by Witness in Deposition to Prior Statement Permissible for Contradiction/Corroboration Only.

The petition under Section 482 of the Code of Criminal Procedure, 1973, was filed by the accused in a POCSO case seeking redaction of a portion of the...

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KAHC010218752018_1

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Bombay High Court Allows Section 11 Application for Appointment of Arbitrator in Contract Dispute Between Pioneer Publicity Corporation and Airport Authority of India. Dispute arises from unilateral reduction of hoarding size from 8,000 sq ft to 5,000 sq ft and failure to refund security deposit.

The applicant, Pioneer Publicity Corporation Pvt Ltd, was the successful tenderer for a contract with the Airport Authority of India (AAI) for display...

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Bombay High Court Grants Interim Injunction in Film Distribution Rights Dispute Over 'Sholay' and 'Sholay-3D'. The court held that a prima facie case for breach of contract and infringement of copyright was made out, warranting protection of the plaintiff's exclusive distribution rights pending trial.

The plaintiff, Narendra Hirawat And Co., filed a commercial IP suit seeking to enforce its exclusive distribution and exploitation rights in the films...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Television Production Dispute — Rejects Claim for Loss of Reputation. Court upholds arbitral tribunal's finding that claimant failed to prove loss of reputation due to alleged breach of contract.

The petitioners, Star India Private Limited, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral ...

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Bombay High Court Dismisses Arbitration Petition for Appointment of Arbitrator in Family Property Dispute — No Arbitration Agreement Exists Between Parties. Will Clause Cannot Substitute Arbitration Agreement Under Section 7 of Arbitration and Conciliation Act, 1996.

The petitioner, Mrs. Padmini Chandran Menon, filed an Arbitration Petition under Section 11 of the Arbitration and Conciliation Act, 1996, seeking app...

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High Court of Bombay at Nagpur Allows Dentists' Petitions Against Bond Penalty — Bond Agreement Found Void for Lack of Consideration and Unilateral Modification. Government Cannot Recover Bond Amount When Service Conditions Are Changed Unilaterally and No Actual Loss Is Proved.

The judgment concerns three writ petitions filed by dentists who completed post-graduate dental courses from Government Dental College, Nagpur, under ...