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Supreme Court Upholds Arbitral Awards. Limited Scope for Challenge Under Arbitration Act

Arbitration and Conciliation Act, 1996 - Construction of Contract Terms - Applicability of Sections 34 and 37 - Scope of Interference in Arbitral Awar...

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Supreme Court Allows State's Appeal in Excise Duty Case — Licensee Liable for Duty on Liquor Destroyed in Fire. Absolute liability under Rule 7(11)(a) of UP Bottling of Foreign Liquor Rules, 1969 and Rules 708/709 of UP Excise Manual; act of God no defense.

The case arises from a fire incident on 10.04.2003 at the godown of the respondent company, a distillery licensee, which destroyed 35,642 cases of Ind...

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Supreme Court Acquits Accused in Kerala Forest Act Case Due to Lack of Evidence and Statutory Interpretation. Sandalwood Oil Not Classified as Forest Produce Under Section 2(f), and Prosecution Failed to Prove Illicit Removal from Reserve Forest as Required Under Section 27(1)(d).

The appeal arose from a criminal conviction under the Kerala Forest Act, 1961, involving the appellant, a partner in a firm manufacturing and trading ...

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Supreme Court Allows State Appeal in Land Acquisition Case for MRTS Project — High Court Direction for Alternate Site Quashed. Court holds that once acquisition is complete and possession taken, no direction for alternate site can be issued under Land Acquisition Act, 1894.

The case involves appeals by the State of Tamil Nadu against a common judgment of the Madras High Court directing allotment of alternate land to priva...

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Bombay High Court Dismisses Insurance Company's Appeal Against Compensation Award for Traumatic Amputation. The Tribunal's assessment of 70% disability and award of Rs.5,02,600 under Section 166 of Motor Vehicles Act, 1988 was upheld as just and proper.

The case involves an appeal by the insurance company against an award of the Motor Accident Claims Tribunal, Mumbai, granting compensation to the clai...

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Bombay High Court Allows Section 9 Petition in Development Dispute — Directs Deposit of Rs.12.5 Crores and Appointment of Court Receiver. Clause 6 of MOU for Refund on Default Forms Basis for Interim Relief Under Arbitration and Conciliation Act, 1996.

The petitioners, four individuals, entered into a Memorandum of Understanding (MOU) with the respondent, a developer, on 29 July 2011 for development ...

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Bombay High Court Dismisses Petition Seeking Protection of Stall in Slum Area — Petitioner Failed to Establish Possession Prior to Cut-off Date of 1.1.1995. Land Belonging to MHADA Vests in Slum Rehabilitation Authority Under Maharashtra Slum Areas Act, 1971.

The petitioner, Shriniwas Krishna Suvarna, filed a writ petition before the Bombay High Court seeking protection for his stall located on land belongi...

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Bombay High Court Upholds Tribunal's Finding of Export Sale Under Section 5(1) Central Sales Tax Act, 1956 — Sale Completed by Transfer of Documents After Goods Crossed Customs Frontiers. Letter Dated 16/7/1971 Did Not Alter Original Contract Terms; Sale Held in Course of Export.

The case involves a sales tax reference under Section 61(1) of the Bombay Sales Tax Act, 1959, at the instance of the Commissioner of Sales Tax, Mahar...