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Bombay High Court Allows Appeal, Restores Arbitral Award in Contractor vs. Irrigation Corporation Dispute. Court Holds That Section 34 Court Exceeded Its Jurisdiction by Reappreciating Evidence and Setting Aside Award on Grounds Not Permitted Under Section 34 of the Arbitration and Conciliation Act, 1996.

The present Commercial Arbitration Appeal was filed by M/s. Shinde & Sons, a contractor, under Section 37 of the Arbitration and Conciliation Act, 199...

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Supreme Court Upholds Interim Protection in Oppression and Mismanagement Petition Under Companies Act, 2013. Court Extended Restraint on Construction and Permitted Limited Protective Works to Preserve Subject Matter of Dispute Pending Adjudication by NCLT.

The dispute arose from a company petition filed by the appellants under Sections 241, 242, 244, and 59 of the Companies Act, 2013, alleging oppression...

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Supreme Court Dismisses Appeal Against Rejection of Order VII Rule 11 CPC Application in Property Suit — Plaint Discloses Cause of Action and Is Not Barred by Limitation.

The present appeal arises from a property dispute over Plot No. 1480 in Ulhasnagar, Maharashtra. The appellants, original defendants, challenged the r...

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Supreme Court Dismisses Section 11 Petition for Appointment of Arbitrator in International Commercial Arbitration Dispute. Seat of Arbitration Held to be Dubai, UAE, Not India, Based on Express Terms of Distributorship Agreement.

The present petition was filed under Section 11(6)(a) read with Section 11(12)(a) of the Arbitration and Conciliation Act, 1996, seeking appointment o...

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Bombay High Court Dismisses Writ Petition Challenging Rejection of Plaint in SARFAESI Act Dispute — Civil Suit Barred Under Section 34 of SARFAESI Act, 2002. Shareholder's Allegations of Fraud Do Not Override Statutory Bar When Secured Assets Are Involved.

The petitioner, Shashikant Gangar, a shareholder and director of Libox Chem (India) Private Limited (respondent no. 2), filed a writ petition challeng...

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Bombay High Court Upholds Conviction of Appellant for Attempt to Murder and House Trespass in Knife Attack. Conviction under Sections 307, 452, 324 IPC confirmed based on credible eyewitness testimony and medical evidence of cut throat injury.

The appellant, Sabira Mohd. Ali Raj, was convicted by the Additional Sessions Judge, Gr. Bombay, in Sessions Case No. 654 of 2012 for offences punisha...

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Bombay High Court Dismisses Writ Petition Challenging Order Allowing Additional Evidence Under Order 18 Rule 4 CPC. Trial Court's Discretion to Permit Proof of Compromise Deed Executed After Evidence Closed Upheld as Not Perverse.

The petitioners, legal heirs of the original defendant, challenged an order dated 10 March 2017 passed by the Civil Judge Junior Division, Khandala, i...

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Bombay High Court Allows Assessee's Appeal in Income Tax Penalty Case — Penalty Under Section 271(1)(c) Set Aside as Surrender of Income Was to Buy Peace, Not Concealment. Stock Difference Detected During Survey Was Not Deliberately Concealed and Related to Earlier Assessment Year.

The appellant-assessee, a partnership firm running a bar and restaurant, was subjected to a survey under Section 133A of the Income Tax Act, 1961 on 1...