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Supreme Court Allows Appeals in Central Excise Case Due to Non-Compliance with Tribunal's Direction to Furnish Document — Violation of Natural Justice. CESTAT's Order Directing Supply of Letter Dated 20.01.2001 Was Final and Could Not Be Modified Without Proper Justification.

The appellant, a manufacturer of cotton yarn and polyester yarn, was issued two show cause notices dated 11.05.2001 and 02.11.2001 alleging excess sto...

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Bombay High Court Dismisses Writ Petition Challenging Property Tax Levy by Panvel Municipal Corporation on Kharghar Node. Petitioners Lacked Locus Standi and Failed to Exhaust Statutory Remedy of Appeal Under Section 406 of Maharashtra Municipal Corporation Act, 1949.

The petitioners, Kharghar Co-op. Housing Societies Federation and an individual resident, filed a writ petition under Article 226 of the Constitution ...

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Bombay High Court Allows Appeal Against Refusal of Interim Relief in Arbitration Dispute Over Share Pledge and Corporate Guarantee — Holds That Prima Facie Case and Balance of Convenience Favored Appellant for Injunction Against Enforcement of Personal Guarantees and Share Pledge Pending Arbitration.

The appellant, Palmview Investments Overseas Limited, a company incorporated in the British Virgin Islands, filed an appeal against an order of the Co...

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Bombay High Court Dismisses Husband's Divorce Appeal and Allows Wife's Maintenance Enhancement in Matrimonial Dispute. Husband failed to prove cruelty and desertion under Hindu Marriage Act; wife entitled to enhanced maintenance despite divorce decree being set aside.

The case involves two second appeals arising from matrimonial disputes between the same couple. The husband, Vasant Punju Chavan, filed a divorce peti...

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Bombay High Court Allows Appeal Against Setting Aside of Arbitral Award on Ground Not Raised by Petitioner. Court holds that a party cannot challenge an arbitral award on a ground that only aggrieves the opposite party, who has not challenged the award.

The appeal arose from an order of a learned single Judge on a petition under Section 34 of the Arbitration and Conciliation Act, 1996 filed by the res...

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Madras High Court Allows Bank's Appeal in Bank Guarantee Invocation Dispute — No Fraud or Irretrievable Injustice Established. Bank Guarantee Cannot Be Restrained Except in Cases of Fraud or Irretrievable Injustice Under Contract Law Principles.

The second defendant bank (Canara Bank) filed a second appeal against the judgment and decree of the first appellate court, which had directed the ban...

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Bombay High Court Allows ESIC Appeal for Interest and Damages in Contribution Recovery Case. Employer's Liability for Delayed Payment of ESI Contributions Attracts Statutory Interest and Damages Under Sections 39(5)(a) and 85-B of ESI Act, 1948.

The appellant, Employees' State Insurance Corporation (ESIC), filed an appeal under Section 82 of the Employees' State Insurance Act, 1948, challengin...

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High Court of Karnataka Dismisses Second Appeal in Property Dispute Between Brothers — Sale Deed Held Valid and Binding. Plaintiff Failed to Prove Agreement of Sale and Possession, Suit for Specific Performance Barred by Limitation.

The plaintiff, Sri Ramakrishnappa, filed a second appeal against the concurrent judgments of the trial court and the first appellate court dismissing ...