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Bombay High Court Quashes Import Restriction for Areca Nuts — Condition Requiring NOC from FSSAI Held Ultra Vires. Import Policy Condition Violates Article 19(1)(g) and Article 14 of Constitution as It Lacks Statutory Authority and Is Disproportionate.

The petitioner, Siddhi Vinayak, a partnership firm registered under the Indian Partnership Act, 1913, engaged in the import of areca nuts (commonly kn...

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Bombay High Court Quashes Criminal Proceedings Against Partnership Firm in Cheque Dishonour Case Due to Lack of Vicarious Liability. Employee's Misappropriation of Cheque Without Firm's Knowledge Does Not Attract Section 138 of Negotiable Instruments Act, 1881.

The petitioner, Guma Tech Marine Services, a registered partnership firm, filed a criminal writ petition under Article 226 of the Constitution of Indi...

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Bombay High Court Dismisses Writ Petition Challenging Termination of Hospital Management Agreement. Municipal Corporation's order terminating agreement for breach of conditions including unauthorized subletting and failure to provide free treatment upheld.

The petitioner, Global Hospital and Research Centre, a charitable trust registered under the Maharashtra Public Trust Act, 1950, entered into an agree...

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Bombay High Court Upholds DRAT Order Allowing One Time Settlement in Debt Recovery Case — Interest Must Be Calculated as Per OTS Terms. The court held that the DRT erred in not giving effect to the OTS and in calculating interest beyond the OTS terms, and the DRAT correctly set aside the DRT order.

The petitioners, Small Industries Development Bank of India (SIDBI) and India SME Asset Reconstruction Company Ltd., challenged an order dated 26th Ma...

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Bombay High Court Dismisses Appeal Under Section 37 of Arbitration Act, Upholds Arbitral Award in LPG Distributorship Dispute. The court held that the District Judge's refusal to set aside the award under Section 34 was not perverse and that the award was not in conflict with public policy.

The appeal under Section 37 of the Arbitration and Conciliation Act, 1996 was filed by M/s. Bharat Petroleum Corporation Limited challenging the judgm...

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Bombay High Court Dismisses Review and Writ Petitions in GST Input Tax Credit Refund Case for Duty Free Shops. Sale of duty free goods at airport departure area is not export, hence no refund of ITC under Section 54 of CGST Act, 2017.

The judgment concerns three matters: a criminal application seeking review of dismissal of a PIL, and two writ petitions challenging an adjudication o...

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Bombay High Court Allows Interim Custody of Seized Goats to Animal Welfare Trust in Section 429 IPC Case. Registered Trust Granted Custody of 45 Goats Under Section 451 CrPC and Prevention of Cruelty to Animals Rules, 2017 for Welfare Pending Trial.

The applicant, Bhartiya Govansh Rakshan Sanvardhhan Parishad, a registered trust engaged in animal welfare and prevention of illegal slaughter, filed ...