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Bombay High Court Allows Appeal Under Section 37 of Arbitration Act, Restores Arbitral Award for Breach of Cotton Supply Contract. Court Holds That District Court Exceeded Its Jurisdiction Under Section 34 by Reappreciating Evidence and Interfering with Arbitrator's Findings on Factual Issues.

The appellant, M/s. Gill & Company Pvt. Ltd., filed an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, challenging the judgment...

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High Court of Karnataka Considers Quashing of Cheque Dishonour Complaint for Procedural Irregularities. Taking Cognizance After Recording Sworn Statement and Validity of Power of Attorney Holder's Complaint Examined Under Section 138 of Negotiable Instruments Act, 1881.

The High Court of Karnataka heard writ petitions under Articles 226 and 227 of the Constitution of India, seeking quashing of criminal proceedings in ...

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High Court of Judicature at Bombay Dismisses Writ Petition Against Service Tax on Seed Supply and Allows Writ Against Sales Tax on Franchise Agreement. Technology-Embedded Seed Supply Held to Be a Sale Under MVAT Act, While Franchise Licensing Held to Be a Service Under Finance Act.

The High Court of Judicature at Bombay heard together two writ petitions concerning the tax characterisation of commercial transactions under the serv...

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Bombay High Court Dismisses Monsanto's Petition on Seed Supply as Sale, Allows Subway's Petition on Franchise as Service. Court Holds That Impregnated Seed Supply is Sale of Goods Under Maharashtra Value Added Tax Act, 2002, While Franchise Agreement is Not a Deemed Sale of Intellectual Property Rights.

The Bombay High Court adjudicated two writ petitions tagged together, raising the common issue of whether certain transactions were liable to service ...

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Supreme Court Dismisses Appeal of Union of India in Arbitration Dispute — Claim for Excess Timber Supply Held to Be Within Scope of Arbitration Clause. Recourse to Contract Necessary to Determine Claim, Confirming Arbitral Jurisdiction Under Arbitration Act, 1940.

The appeal arose from a contract between the Union of India and Salween Timber Construction (India) for the supply of teak logs. A dispute emerged whe...

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Bombay High Court Dismisses Condonation of Delay in Second Appeal Due to Lack of Sufficient Cause. Delay of 3 Years, 3 Months and 11 Days Not Explained with Affidavit of Each Applicant.

The applicants, Chetan Goradhandas Khumbawat and Chetan Jayantilal Shah, along with a partnership firm, had filed Regular Civil Suit No.93 of 2008 for...

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High Court of Bombay Considers Confirmation of Death Sentence in Gangrape Case: First Conviction Under Section 376E IPC After 2013 Amendment. Trial Court Imposed Capital Punishment for Repeat Offenders in the Shakti Mill Incident, and the High Court Reviewed Procedural Propriety of the Sentence.

The judgment under analysis is a confirmation case arising from the brutal gangrape of a young photo journalist at Shakti Mill premises in Mumbai on 2...

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Bombay High Court Dismisses Writ Petition Challenging Rejection of Condonation of Delay in Restoration of Appeal. Delay of 2 years and 2 months not sufficiently explained; court upholds Appellate Court's refusal to condone delay.

The present Writ Petition was filed by the petitioners challenging the judgment and order dated 21.07.2015 passed by the learned Appellate Court in Ci...