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Supreme Court Allows Appeal in Port Damage Case — Endorsement of Liability Obtained by Coercion is Void. Essar Shipping Ltd. v. Board of Trustees for the Port of Calcutta — Endorsement of liability obtained by wrongful detention of vessel is void under Section 17 of the Indian Contract Act, 1872.

The case arises from an incident on 27 August 1987 when the vessel M.V. Chennai Nermai, owned by Essar Shipping Ltd. (appellant), collided with a coal...

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Bombay High Court Acquits Appellant in Murder Case Due to Unreliable Circumstantial Evidence. Conviction under Sections 302 and 201 IPC Set Aside as Prosecution Failed to Establish Complete Chain of Circumstances.

The appellant, Shankar @ Bhagirath Bachaku Zha, was convicted by the Additional Sessions Judge, Raigad-Alibag for the murder of his brother-in-law, De...

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Bombay High Court Dismisses Revision Applications Challenging Cognizance and Issuance of Process in CBI Corruption Case — Sanction Not Required for Private Persons Under Prevention of Corruption Act, 1988.

The case involves three revision applications filed by Iqbalsingh Soni, Sevasingh Kalra, and three others (Gurminder Singh Gill, A.S. Jagannatha Rao, ...

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Bombay High Court Dismisses Writ Petition Challenging Clubbing of Establishments Under EPF Act. Common Ownership and Same Telephone Number Justify Clubbing for Coverage Under Employees' Provident Funds and Miscellaneous Provisions Act, 1952.

The petitioner, M/s. Kiran Agencies, a proprietary firm engaged in pharmaceutical distribution, challenged the order dated 30.03.2005 passed by the Em...

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Bombay High Court Quashes Criminal Complaint Against Directors for Lack of Sanction Under Section 197 CrPC. Acts Alleged Were in Official Capacity, Making Sanction Mandatory Before Prosecution.

The applicants, Mr. Arvind Navinchandra Mafatlal and Mr. Hrishkesh Arvind Mafatlal, filed a criminal application under Section 482 of the Criminal Pro...

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Bombay High Court Allows Petitioners Challenging Enquiry Under Section 88 of Maharashtra Cooperative Societies Act Against Contractors and Suppliers. Enquiry Under Section 88 Cannot Be Conducted Against Persons Who Are Not Members, Past Members, or Office Bearers of the Cooperative Society.

The judgment pertains to two writ petitions filed by M/s. Tejas Constructions (a partnership firm) and ATV Projects India Ltd. (a company) challenging...

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Bombay High Court Allows Appeal in Negotiable Instruments Act Case — Acquittal Set Aside Due to Improper Appreciation of Evidence. Presumption under Section 139 of Negotiable Instruments Act, 1881 stands in favor of complainant unless rebutted by accused.

The appellant, Mahesh Urban Credit Coop. Society Ltd., through its manager, filed a criminal appeal challenging the acquittal of the respondent, Naray...