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Bombay High Court Dismisses Appeal Against Arbitral Tribunal's Interim Order in Bank Guarantee Dispute. Court upholds restraint on encashment of bank guarantee subject to deposit of amount, finding no perversity in the Tribunal's order under Section 37 of the Arbitration and Conciliation Act, 1996.

The petitioner, Mahaguj Collieries Limited, filed two arbitration petitions under Section 37 of the Arbitration and Conciliation Act, 1996, challengin...

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Bombay High Court Partially Allows Appeal Against Arbitral Tribunal's Interim Order in Commercial Arbitration Dispute. Court upholds Tribunal's power to grant interim relief under Section 17 of Arbitration and Conciliation Act, 1996, but modifies order to balance interests of both parties.

The judgment arises from two commercial arbitration petitions filed by Mahaguj Collieries Limited (the petitioner) under Section 37 of the Arbitration...

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Bombay High Court Holds Caste Certificate Must Be from Native Place Authority in Scheduled Tribe Claim Case. Full Bench Answers Reference Affirmatively, Overruling Niraj More's View on Jurisdictional Validity of Caste Certificates.

The case arose from a reference made by a Division Bench in Rajendra Thakur v. State of Maharashtra, which disagreed with the earlier Division Bench d...

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Bombay High Court Quashes Cancellation of Dramatic Performance Licence in Tamasha Case — District Magistrate Exceeded Jurisdiction Under Section 33 of Bombay Police Act, 1951. Licence Cancellation for Alleged Obscenity Set Aside as Magistrate Failed to Apply Mind and Acted on Extraneous Considerations.

The petitioner, Renuka Loknatya Tamasa Mandal, a cultural organization engaged in Tamasha performances, held a licence under Section 33 of the Bombay ...

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Bombay High Court Partially Allows Appeal in Specific Performance Suit — Upholds Agreement to Sell but Denies Relief Due to Plaintiff's Default. Time not of essence originally but became so after notice; plaintiff failed to prove readiness and willingness under Specific Relief Act, 1963.

The case involves two appeals arising from a judgment and decree dated 19th January 1999 in Special Civil Suit No.25/1993/A by the Civil Judge, Senior...

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Bombay High Court Upholds Levy of Additional Excise Duty on Imported Foreign Liquor in Excise Law Challenge. Court holds that additional excise duty under Section 24 of Bombay Prohibition Act, 1949 is valid and within State's legislative competence under Entry 51 List II.

The judgment concerns a batch of writ petitions filed by various associations and companies dealing in liquor, challenging the levy of additional exci...

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Bombay High Court Allows Revenue Appeal in Income Tax Case — Payment to Retiring Partners Held Capital Expenditure. Amount of Rs.1,34,678 paid to retiring partners under Memorandum of Understanding is capital expenditure not deductible as revenue expenditure.

The case involves an appeal by the Commissioner of Income Tax against the order of the Income Tax Appellate Tribunal. The assessee, Mandovi Hotel Pvt....