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High Court of Karnataka Dismisses Commercial Appeal in Arbitration Dispute — Upholds Arbitral Award Rejecting Claim for 2% Contract Value Without Work Execution. Claim for facilitation fee under MOU fails as appellant did not perform any work for the contract awarded to the joint venture.

The appellant, M/s. Pratibha Industries Limited, filed a commercial appeal under Section 13(1A) of the Commercial Courts Act, 2015, read with Section ...

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High Court of Karnataka Dismisses CBI's Petition for Cancellation of Bail in Illegal Mining Case — Computation of 90 Days Under Section 167 Cr.P.C. Commences from Date of Production Before Court, Not from Service of Body Warrant on Jail Authorities.

The Central Bureau of Investigation (CBI) filed a criminal petition under Section 439(2) of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking can...

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High Court of Karnataka Upholds Conviction Under Section 138 of Negotiable Instruments Act, 1881 for Dishonour of Cheque Issued for Repayment of Loan. Accused's Defence of Loan Repayment and Blank Cheque Fails as Presumption Under Sections 118 and 139 of N.I. Act Stands Rebutted.

The petitioner, B.N. Ashwath Narayan, was convicted by the XII Additional Chief Metropolitan Magistrate, Bengaluru in C.C.No.28739/2001 for the offenc...

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Bombay High Court Allows Three Revision Applications Challenging Order Framing Charge Under Section 409 IPC in Share Retention Case. High Court Restores Trial Court’s Discharge of Accused No.1 and No.4 and Charge Under Section 406 IPC Against Accused No.2.

The three criminal revision applications before the Bombay High Court arose out of a private complaint filed by Hari Narayan G. Bajaj against four acc...

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Bombay High Court Convicts Police Head Constable for Criminal Contempt for Misconduct in Executing Conviction Warrants. Wilful Disobedience of Court Orders and Misuse of Official Seal Constitute Contempt of Court Under Section 2(c) of the Contempt of Courts Act, 1971.

The present contempt proceedings arise out of a reference dated 18/20th April 2013 made by the District Judge-3, Ambajogai to the Bombay High Court. T...

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Bombay High Court Quashes Onerous Bail Conditions in Commercial Dispute Case — Directs Defreezing of Bank Account. Court held that imposing condition of depositing Rs.59 crore for bail in a case arising from a commercial transaction is unreasonable and violative of Article 21 of the Constitution.

The petitioners, Vyomesh Shah, Kiran Contractor, and Suhass Dumbre, filed a writ petition under Article 226 of the Constitution of India before the Bo...

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High Court of Karnataka Dismisses Tenant's Revision in Eviction Suit — Concurrent Findings of Fact Not Interfered With Under Section 115 CPC. Tenant's Subletting Without Consent and Default in Rent Justify Eviction.

The case involves a civil revision petition filed by the tenant (Naraindas Bodaram) against the concurrent orders of eviction passed by the Trial Cour...

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Bombay High Court Allows Petitions of Inter-State Prisoners Challenging Local Surety Condition for Furlough. Condition in Government Circular dated 16th December 2008 requiring local surety within Maharashtra for prisoners from other States held violative of Articles 14 and 21 of the Constitution.

The Bombay High Court dealt with two criminal writ petitions filed by prisoners Subodh Prasad and Jagbir Singh challenging the condition in Government...