Search Results for "Section 34(1)"

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Bombay High Court Acquits Accused in Daughter's Murder Case Due to Lack of Credible Evidence and Failure to Prove Guilt Beyond Reasonable Doubt. Conviction under Section 302 IPC Set Aside as Prosecution Failed to Establish Chain of Circumstances and Motive.

The appellant, Harischandra Damu Baldhye, was convicted by the Additional Sessions Judge, Ambajogai, for the murder of his daughter Nikita under Secti...

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High Court Dismisses Petition Challenging Arbitral Award in Construction Contract Dispute. Arbitrator's rejection of escalation claim due to absence of escalation clause upheld as not patently illegal under Section 34 of Arbitration and Conciliation Act, 1996.

The petitioners, M/s. Gulraj Engineering Construction Co., a registered partnership firm, challenged an arbitral award dated 14 January 2009 passed by...

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Bombay High Court Partially Allows Arbitration Petition Challenging Rejection of Counterclaim on Limitation Grounds. Court holds that limitation for counterclaim in arbitration under BSE Byelaws runs from date of filing of claim, not from accrual of cause of action.

The Petitioner, Hansraj Sohanlal Gouthi, HUF, through its Karta Ravi Gouthi, challenged an arbitral award dated 13 July 2009 passed by the Arbitral Tr...

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Bombay High Court Dismisses Injunction in Trademark Infringement and Passing Off Suit — No Deceptive Similarity Between 'Palm Grove' and 'Royal Palms' Hotels. Plaintiff's use of 'Palm Grove' always in combination with 'Ramada' and delay disentitled it to interim relief.

The Plaintiff, Palm Grove Beach Hotels Pvt. Ltd., owned and operated a mid-range hotel in Juhu, Mumbai, under the name 'Ramada Plaza Palm Grove' (prev...

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Bombay High Court Quashes Process Against Managing Director in Drugs Case for Lack of Specific Allegations. Complaint Under Drugs and Cosmetics Act, 1940 Failed to Show Active Role of Director, Process Recalled Under Section 204 CrPC.

The applicant, D.R. Salgaoncar, was the Managing Director of Geno Pharmaceuticals Ltd., which manufactured a drug sample that was found to be of subst...

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Karnataka High Court Grants Bail to Accused No.9 in Murder Case on Parity. Petitioner Allegedly Supplied Weapons but Co-Accused with Similar Roles Already Bailed.

The petitioner, Eshwar, accused No.9 in Crime No.326/2019 registered by Kamakshipalya Police, Bengaluru, filed a petition under Section 439 of the Cod...

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Bombay High Court Quashes Externment Order for Violation of Natural Justice — Show Cause Notice Under Section 59 of Bombay Police Act, 1951 Must Afford Meaningful Hearing Before Externment Under Section 56.

The petitioner, Rajesh Jiwan Jangle, a businessman running a hotel and owning a godown in Nagpur, challenged an externment order passed by the Deputy ...

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Bombay High Court Considered Challenge to Family Court Order Rejecting Amendment in Divorce Petition Under Article 227. The Core Issue Was Whether Post-Trial Amendment Seeking Property Sale Relief Constituted a Bar under Order VI Rule 17 CPC and Changed the Suit's Nature.

The Bombay High Court heard a writ petition under Article 227 of the Constitution of India challenging an order of the Family Court, Mumbai, which had...

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Supreme Court Allows Appeal in SC/ST Act Case by Setting Aside High Court's Remand Order and Upholding Cognizance. Cognizance Order Under Section 204 CrPC Does Not Require Detailed Reasons as Magistrate Applied Mind to Case Diary and Record, Making Remand Unnecessary.

The appeal arose from a criminal case involving allegations under the Indian Penal Code, 1860 and the Scheduled Castes and the Scheduled Tribes (Preve...