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Supreme Court Allows Appeal in Arbitration Dispute Over Fermentation Plant Performance Guarantee. Court Restores Arbitral Award for Rs.68.15 Lakhs as Damages for Non-Performing Machinery, Holding That Such Claim Is Separate from Liquidated Damages and Not Barred by Section 74 of the Contract Act.

The dispute arose from an agreement dated 17th November 1992 between Sahakarmaharshi Bhausaheb Thorat Sahakari Sakhar Karkhana Ltd. (appellant) and Th...

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High Court of Karnataka Dismisses Writ Appeal by DGCA Against Order Directing Reconsideration of Aircraft Registration Cancellation. Single Judge's Direction to Reconsider Without Prejudging Maintained as No Final Determination of Rights.

The case involves a dispute regarding the cancellation of registration of an aircraft owned by the private respondents. The Director General of Civil ...

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Supreme Court Examines Appeals Concerning Kudankulam Nuclear Power Plant, Addressing Safety and Regulatory Measures Under Atomic Energy Act, 1962. The Court Deliberates on Balancing National Energy Policy with Public Apprehensions Stemming from Past Nuclear Incidents.

The case centers on appeals related to the establishment of a nuclear power plant at Kudankulam in Tamil Nadu. The judgment begins by acknowledging th...

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Bombay High Court Dismisses Husband's Revision Against Maintenance Award to Wife and Minor Son Under Section 125 CrPC. Husband Failed to Prove Wife's Desertion Without Sufficient Cause; Wife's Allegations of Cruelty and Dowry Demand Accepted.

The case involves two criminal revision applications filed by Nirajkumar Kapurchand Jain against the judgment of the Family Court, Nagpur, dated 3.12....

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Presidential Reference Made to Supreme Court Seeks Advisory Opinion on Telecom Licences and Spectrum Allocation Policies. Reference Under Article 143(1) Recites Historical Grant of Licences from 1994 to 2008 Including First-Come-First-Served and Revenue Share Regimes.

Background: The President of India made a reference under Article 143(1) of the Constitution on 12.04.2012, seeking the advisory opinion of the Suprem...

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Bombay High Court Dismisses Appeal by Municipal Corporation Against Rejection of Petition to Set Aside Arbitral Award. Arbitrator's Findings on Contractual Interpretation and Delay Held Final Under Section 30 of Arbitration Act, 1940.

The appellant, Municipal Corporation of Greater Bombay, had invited tenders for re-construction of Zakariya Bunder road in May 1989. Respondent no.1 s...

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Bombay High Court Allows Deduction for Transit Quarter Maintenance in Favor of Assessee — Premises Used for Business Purposes Not a Guest House Under Section 37(4) of Income Tax Act, 1961. Expenditure on Accommodating Employees on Business Visits is Allowable as Business Expenditure Under Section 37(1).

The case involved a reference under Section 256(1) of the Income Tax Act, 1961, at the instance of the assessee, M/s. Greaves Cotton & Co. Ltd., arisi...