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Bombay High Court Dismisses Appeals Against Arbitral Awards in Service Tax Reimbursement Dispute. Court Holds That Construction of Contractual Clause by Arbitrator Falls Within Arbitral Domain and Is Not Open to Challenge Under Section 34 of the Arbitration and Conciliation Act, 1996.

The case involves five appeals filed by Central Warehousing Corporation (the appellant) against a common judgment dated 18.02.2019 dismissing its arbi...

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Bombay High Court Quashes Detention Order in COFEPOSA Case Due to Non-Application of Mind — Detenu's Retracted Statement Not Considered. Preventive Detention Order Under Section 3(1) of COFEPOSA Set Aside as Detaining Authority Failed to Consider Retraction of Confession.

The petitioner, wife of the detenu Iqbal Yusuf Suleman, challenged the detention order dated 20.4.2004 passed by the detaining authority under Section...

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Bombay High Court Dismisses Writ Petition Seeking Mandamus for Insurance Compensation for Crop Loss Due to Pest Attack. Court holds that pest attack is not an insured peril under the Crop Insurance Scheme and that the petitioner failed to establish any legal duty or right to claim compensation.

The petitioner, Libaraj s/o Tulshiram Tikle, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court, Aurang...

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High Court of Bombay at Goa Allows Appeal in Motor Accident Claim — Sets Aside MACT Dismissal for Failure to Prove Negligence. Claimant's evidence of rash driving by respondent motorcyclist found sufficient to establish negligence under Section 166 of Motor Vehicles Act, 1988.

The appellant, Mr. Sameer S. Desai, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, before the Motor Accidents Claims Tribun...

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Bombay High Court Acquits Appellants in Gang Rape Case Due to Inconsistent Evidence and Lack of Independent Witnesses. Conviction under Section 376(2)(g) IPC Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt.

The case pertains to an appeal against the conviction of two appellants, Prafulla Vinayak Nage and Atul Shrikrishna Bhadake, under Section 376(2)(g) (...

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Bombay High Court Dismisses Challenge to Metro Fare Hike; Judicial Review Not Permitted Over Specialist Committee's Decision Under Metro Act. Fare Fixation Committee's Determination Based on Section 34 Prevails Over Contractual Fare Stipulations, Limited to Checking Arbitrariness or Perversity.

The writ petition challenged the Fare Fixation Committee's decision to increase Mumbai Metro fares from Rs.9-13 to Rs.10-110 from January 2015. The pe...

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High Court of Karnataka Considers Appeal Against Discretionary Order Refusing Interim Injunction in Passing Off Suit — Visual Wrapper Similarity and Ordinary Purchaser Test Examined. Court Examines Whether Emphasis on Dissimilarities Rather Than Similarities Amounted to Error of Principle.

The present appeal arose from a suit for passing off and copyright infringement filed by ITC Limited (plaintiff) against CG Foods (India) Private Limi...

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High Court Dismisses Cooperative Society's Challenge to Deemed Membership of Legal Heir; Upholds Rights Under Maharashtra Cooperative Societies Act, 1960. Unconditional withdrawal of prior title suit and society's inaction justified claim for deemed membership.

This writ petition under Articles 226 and 227 of the Constitution challenged the Divisional Joint Registrar's order dated 13 November 2014 allowing re...