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Supreme Court Allows BEST and EVEY Appeals in Electric Bus Tender Dispute. Tender Condition Requiring 200 Km Range in Actual Conditions Upheld as Valid and Non-Arbitrary.

The Supreme Court allowed the appeals filed by BEST and EVEY Trans Pvt. Ltd. and set aside the Bombay High Court's order dated 05.07.2022. The dispute...

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Bombay High Court Allows Second Appeal in Mortgage Redemption Suit — Finds Trial Court Erred in Holding Transaction as Mortgage by Conditional Sale. Document dated 15.7.1966 construed as out-and-out sale based on absence of debt and right of redemption.

The case involves a second appeal arising from a suit for redemption of mortgage. The original plaintiffs (respondents) filed R.C.S. No. 44/1994 in th...

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Bombay High Court Dismisses PIL Challenging Extension of Toll Collection Period in BOT Road Project. Court holds that concession period extension is a contractual matter and not subject to judicial review under Article 226 in absence of arbitrariness or public interest violation.

The petitioners, claiming to be public-spirited citizens, filed a writ petition in public interest challenging the decision of the State of Maharashtr...

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Bombay High Court Dismisses Arbitration Petition Against Housing Society and Flat Owners for Lack of Arbitrable Dispute. Dispute over alleged oral agreement for redevelopment of building not covered by arbitration clause in share certificate.

The petitioner, M/s Heritage Lifestyle & Developers Ltd., filed an arbitration petition under Section 11 of the Arbitration and Conciliation Act, 1996...

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Bombay High Court Quashes FIR and Charge Sheet in Cheque Dishonour Case Due to Lack of Criminal Intent. Allegation of Cheating and Dishonour of Cheque Under Sections 138, 141 of Negotiable Instruments Act, 1881 and Sections 406, 420 IPC Fails as Dispute is Purely Civil in Nature.

The petitioners, original accused nos. 1 to 3, filed a petition under Section 482 of the Criminal Procedure Code seeking quashing of the FIR and charg...

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Bombay High Court Adjudicates Challenge to Maharashtra Stamp Act Amendment on Advertisements. Petition Seeks Declaration that Imposition of Stamp Duty on Mass Media Advertising Contracts is Unconstitutional and Void.

The Advertising Agencies Association of India and several other entities representing advertising, newspaper publishing, and broadcasting sectors file...

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High Court of Bombay at Goa Allows Appeal in Negotiable Instruments Act Case — Blank Cheque Defence Rejected as Unsubstantiated. Presumption under Section 139 of Negotiable Instruments Act, 1881 stands in favour of holder, and accused failed to rebut it by preponderance of probabilities.

The appellant, The Bagayatdar Urban Co-operative Credit Society Ltd., filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 agai...

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Bombay High Court Allows Insurance Claim for Goods Destroyed by Fire During Customs Delay — Insurer Liable Despite Policy Issued After Goods Were in Port. The court held that the plaintiff had an insurable interest and the policy covered the loss by fire, rejecting the insurer's defense of no risk.

The plaintiff, M/s. Hasmukhrai Chandrakant, filed a suit against The Oriental Fire and General Insurance Co. Ltd. for recovery of Rs.18,70,322.42 with...