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Bombay High Court Dismisses Section 34 Challenge to Arbitral Award in Partnership Dispute — Upholds Award of Rs. 7.39 Crore with Interest. Limitation plea rejected as claim was within time; quantification not perverse.

The judgment concerns a Commercial Arbitration Petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral award ...

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Karnataka High Court Allows Appeal in KVAT Penalty Case — Penalty Under Section 70(2)(a) Cannot Be Imposed Without Specific Finding of Mens Rea or Fraudulent Intent. Revisional Authority's Restoration of Penalty Set Aside as Assessee Had Disclosed Purchases in Returns and Paid Tax.

The case involves an appeal filed by M/s Bhavani Enterprises, a registered dealer under the Karnataka Value Added Tax Act, 2003, against an order of t...

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High Court of Karnataka Dismisses Second Appeal in Declaration and Possession Suit — Substantial Question of Law Not Pressed. Amendment to plaint seeking both declaration and recovery of possession renders the framed question of law infructuous.

The case involves a second appeal under Section 100 of the Code of Civil Procedure, 1908, filed by the appellant against the judgment and decree dated...

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Supreme Court Allows Appellant in Amendment of Plaint to Add Alternative Claim Despite Limitation Bar. All necessary facts already pleaded; interest of justice warranted amendment under Order VI Rule 17 of Code of Civil Procedure, 1908.

The dispute arose from a commercial transaction where the appellants, L. J. Leach and Company Ltd., filed a suit for damages against the respondents, ...

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Supreme Court Examines Constitutionality of Prohibitory Orders Under Section 144 CrPC Restricting Public Assembly. Judgment Clarifies That Reasonable Restrictions on Speech and Assembly Must Be Just, Fair and Reasonable Under Articles 19 and 21.

The Supreme Court initiated a suo motu criminal writ petition regarding the incident at Ramlila Maidan on 4-5 June 2011, involving the imposition of p...

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Bombay High Court Dismisses Union of India's Appeal and Finds Compensation Awarded to Family of Quadriplegic Army Officer Inadequate. MACT Award of Rs.13,09,500 on Death Basis Held Not Just; Court Directs Enhancement Under Motor Vehicles Act, 1988 for Tetraplegia Resulting from Road Accident.

The case arose from a motor vehicle accident on 17 October 1991, when Bhagendra Singh, a non-commissioned officer in the Indian Army, was struck by a ...

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Bombay High Court Dismisses Probate Suit as Attesting Witnesses Deny Testator's Presence During Execution. Will Not Proved in Solemn Form Due to Non-Compliance with Section 63(c) of Indian Succession Act, 1925.

The dispute concerned the estate of Sahadev Deraj Shah, who died on 5th January 1998. His second wife, Shobhana, and the executors propounded a Will d...