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Supreme Court Dismisses Appeals by Resort Developer Against Prohibition of Construction in Backwater Island. CRZ Notification 1991 Applies to Backwater Islands; No Development Zone Restrictions Upheld.

The Supreme Court dismissed appeals by Kapico Kerala Resorts Pvt. Ltd. challenging a Kerala High Court order that prohibited resort construction on Ne...

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Bombay High Court Sets Aside Arbitral Interim Order Restraining Non-Compete Beyond Contract Term. Arbitrator erred in treating Joint Venture Company as partnership and enforcing non-compete clause beyond its stipulated duration under Section 17 of the Arbitration and Conciliation Act, 1996.

The Commercial Arbitration Petition No.25 of 2021 was filed by Elster Instromet B.V. (Instromet) challenging an order dated 09/10/2020 passed by the A...

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Bombay High Court Acquits Accused in Dowry Death Case Due to Inconsistent Dying Declarations. Conviction under Sections 498-A and 302 IPC set aside as dying declarations were contradictory and not corroborated by medical evidence or other witnesses.

The appellant, Rajesh Bhikaji Gade, was convicted by the Additional Sessions Judge, Majalgaon, for offences under Sections 498-A and 302 of the Indian...

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High Court of Bombay Dismisses Insolvency Petition Against Debtor for Non-Compliance with Notice of Motion Requirement Under Presidency Towns Insolvency Act, 1909 — Petition Filed Within Three Months of Act of Insolvency but Notice of Motion Not Disposed of Before Petition Filing.

The Petitioning Creditor, M/s Sanskar Gem Pvt. Ltd., filed an insolvency petition under the Presidency Towns Insolvency Act, 1909, seeking an order of...

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Bombay High Court Acquits Convicted Offender in Murder Case Due to Unsoundness of Mind Under Section 84 IPC. Appellant's act of killing brother and injuring another held to be act of person incapable of knowing nature of act by reason of unsoundness of mind.

The appellant, Rajendra Adakuji Choudhary, was convicted by the Additional Sessions Judge, Chandrapur in Sessions Case No.84/2014 for offenses under S...

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Bombay High Court Upholds Life Imprisonment for Son Convicted of Murdering Mother Based on Circumstantial Evidence. Conviction under Section 302 IPC confirmed as chain of circumstances including motive, last seen, and recovery of weapon was complete and consistent with guilt.

The appellant, Suryakant J. Gawde, was convicted by the Additional Sessions Judge, Panaji, sitting at Ponda, Goa, for the murder of his mother, Smt. S...

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Bombay High Court Partially Sets Aside Arbitration Award Against Guarantors in Cooperative Bank Dispute — Guarantors Not Liable for Enhanced Credit Facility Without Their Consent. Guarantor Liability Cannot Be Extended Beyond Original Guarantee Under Section 34 of Arbitration and Conciliation Act, 1996.

The judgment concerns two arbitration petitions filed under Section 34 of the Arbitration and Conciliation Act, 1996, challenging a common undated arb...