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Bombay High Court Allows Appointment of Arbitrator in Employment Dispute Despite Alleged Full and Final Settlement. Arbitration Clause Survives Termination of Contract and Dispute Regarding Settlement Must Be Decided by Arbitrator.

The applicant, Akshat Madan, filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of an arbitrator...

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Bombay High Court Partially Allows Union of India's Petition Under Section 34 of Arbitration Act, 1996 Against Arbitral Award — Dispute Over Transportation Charges and Detention Claims for Fighter Tanks.

The Union of India filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996 challenging an arbitral award dated 4 October 2012....

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Hotel Sale Dispute. Court upholds award of Rs.1.88 crore with interest for breach of contract, rejecting grounds under Section 34 of Arbitration and Conciliation Act, 1996.

The petitioner, Sahara Hospitality Limited (formerly Batra Hospitality Private Limited), filed a petition under Section 34 of the Arbitration and Conc...

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Bombay High Court Dismisses Vodafone's Appeal on CENVAT Credit for Telecom Towers and Shelters. CENVAT Credit on Towers and Prefabricated Buildings Denied as They Are Immovable Property and Not Capital Goods Under CENVAT Credit Rules, 2004.

The Appellant, Vodafone India Ltd., filed appeals under section 35G of the Central Excise Act, 1944 read with section 83 of the Finance Act, 1994, cha...

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Bombay High Court Quashes Summons Under Section 319 CrPC Against Proposed Accused in Sessions Case — Discharge Under Section 169 CrPC Requires Inquiry Under Section 300(5) r/w Section 398 CrPC Before Invoking Section 319 CrPC.

The applicants, seven individuals, were originally named in a First Information Report but were discharged under Section 169 of the Code of Criminal P...

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Bombay High Court Dismisses Preliminary Objection in Murder Conviction Appeals — Joint Trial of Two Sessions Cases Upheld. No Prejudice Found in Common Judgment Under Section 374(2) CrPC.

The case involves two criminal appeals arising from a common judgment dated 30.03.2016 in Sessions Trial Nos. 144/2012 and 233/2014. The appellants we...

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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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Bombay High Court Grants Permanent Injunction in Trademark Infringement Suit: Sun Pharma's 'SUN' Mark Protected Against 'ABSUN'. Deceptive similarity established as dominant feature 'SUN' is common; addition of prefix 'AB' insufficient to distinguish under Section 29(2)(b) of Trade Marks Act, 1999.

The plaintiff, Sun Pharmaceutical Industries Ltd., filed a suit seeking a permanent injunction to restrain the defendant, Satej M. Katekar, proprietor...

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High Court of Karnataka Dismisses Writ Petition Challenging Trial Court Order Refusing to Implead Parties in Suit for Specific Performance — Petitioner Lacks Direct Interest in Property and Cannot Compel Performance of Contract Between Others.

The petitioner, Sri K. Lakshmaiah Reddy, filed a writ petition under Article 227 of the Constitution of India challenging the order dated 22.02.2022 p...