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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Enhances Child Maintenance and Grants Interim Medical Maintenance ...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...

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High Court

Bombay High Court Quashes Policy Circular in Export Promotion Case — Circular Held Ultra Vires Foreign Trade (Development and Regulation) Act, 1992. Court ruled that the policy circular dated 28.2.2006 imposing additional conditions for export benefits was beyond the scope of delegated legislation and violated principles of natural justice.

15 Sep 2010

The petitioners, Jindal Drugs Limited and others, filed writ petitions under Article 226 of the Constitution of India challenging a policy circular da...

High Court

High Court of Bombay Dismisses ONGC's Challenge to Arbitral Award in Vessel Maintenance Contract Dispute — No Interference Under Section 34 of Arbitration Act as Award Not Found to be in Conflict with Public Policy or Patent Illegality. The court upheld the arbitral tribunal's interpretation that the respondent was not liable for pre-existing HOTO defects, as the contract did not impose such liability.

18 Oct 2010

The petitioner, Oil & Natural Gas Corpn. Ltd. (ONGC), challenged an arbitral award dated 2nd April, 2008 under Section 34 of the Arbitration and Conci...

High Court

Bombay High Court Allows Revenue Appeal in Customs Case — Post-Importation Condition of 'No Sale for 2 Years' in Public Notice Held Not Applicable to Goods Imported Prior to Its Issuance. The Tribunal erred in applying a condition from a Public Notice dated 31.03.2000 to goods imported on 28.02.2000, as the condition was not in existence at the time of import.

6 Oct 2010

The appeal was filed by the Commissioner of Customs (Imports) under Section 130 of the Customs Act, 1962 against the order dated 7th July, 2004 passed...

High Court

Bombay High Court Confirms Reduction of Equity Share Capital of Wartsila India Limited — Court Approves Special Resolution for Reduction of Share Capital to Provide Exit to Minority Shareholders, Rejecting Oppression Allegations. The Court held that the reduction was bona fide and not oppressive, and confirmed the reduction under Section 100 of the Companies Act, 1956.

15 Nov 2010

The judgment concerns a Company Petition filed by Wartsila India Limited (WIL) seeking confirmation of a special resolution passed on 10th November 20...

High Court

High Court of Bombay Dismisses Railway's Challenge to Arbitral Award in Advertising Contract Dispute — Upholds Award of Refund and Damages for Breach of Contract. The court held that the arbitrator's findings were based on evidence and not perverse, and the award of damages beyond contractual refund was justified.

30 Jun 2011

The Union of India, acting through the Senior Divisional Commercial Manager of Western Railway, Mumbai, filed a petition under Section 34 of the Arbit...

High Court

Bombay High Court Allows Writ Petition Challenging Conditions for Provisional Release of Seized Goods Under Customs Act. Court holds that pre-deposit of differential duty and interest as condition for provisional release under Section 110A is not warranted and modifies conditions to require only bank guarantee and bond.

25 Jul 2011

The petitioners, Apollo Cranes Pvt. Ltd. and another, imported nine cranes between 17 November 2005 and 6 April 2010, which were assessed and bills of...

High Court

Bombay High Court Dismisses Petition Challenging Arbitral Award in Charter Party Demurrage Dispute — Upholds Arbitrator's Interpretation of Laytime and Demurrage Clauses. Court holds that Section 34 of Arbitration and Conciliation Act, 1996 does not permit reappreciation of evidence or correction of errors of law unless award is patently illegal or perverse.

15 Jul 2011

The petitioners, M/s. Puyvast Chartering B.V. (owner) and M/s. Puyvast Maritime India Ltd. (agent), challenged an arbitral award dated 28 February 200...

High Court

Bombay High Court Dismisses Port Trust's Appeal for Recovery of Dock Charges Against Shipping Agent. Agent Not Liable as Bailor for Importer's Unpaid Wharfage and Demurrage Under Major Port Trusts Act, 1963.

3 Oct 2011

The Board of Trustees of the Port of Bombay (Appellant) filed Suit No.2527 of 1989 against Nav Bharat Trading Co. (first defendant) and Forbes Gokak L...

High Court

Bombay High Court Dismisses Jurisdictional Objection in Foreign Award Enforcement — Implied Exclusion of Part I of Arbitration Act Upheld. Parties' choice of London arbitration and English law impliedly excludes Part I of the Arbitration and Conciliation Act, 1996, including section 42, so prior section 34 application in Gujarat does not bar Bombay High Court from hearing enforcement petition under section 48.

5 Oct 2011

The petitioner, Eitzen Bulk A/S, filed a petition under section 48 of the Arbitration and Conciliation Act, 1996, before the Bombay High Court seeking...

High Court

Bombay High Court Allows Petitions Challenging Settlement in Industrial Dispute for Breach of Section 12 of Industrial Disputes Act and Rule 11 of Industrial Disputes (Bombay) Rules. Settlement Dated 5.9.2008 Quashed as Void Ab Initio for Non-Compliance with Mandatory Conciliation Procedure.

28 Nov 2011

The judgment concerns two writ petitions challenging a settlement dated 5.9.2008 arrived at in conciliation between NRC Limited (the company) and NRC ...

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