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Bombay High Court Allows Appointment of Sole Arbitrator in Multimodal Transport Dispute — Arbitration Clause in Bill of Lading Held Valid and Binding. The court applied the prima facie test under Section 11(6A) of the Arbitration and Conciliation Act, 1996, and appointed a retired judge as arbitrator.

The applicant, Nagreeka Indcon Products Pvt. Ltd., a manufacturer of aluminium foil containers, sought appointment of a Sole Arbitrator under Section ...

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Bombay High Court Upholds Acquittal in Cheating Case Due to Civil Nature of Dispute and Lack of Criminal Intent. Failure to Repay Loan Does Not Constitute Cheating Under Section 420 IPC When Transaction is Essentially a Civil Debt.

The State of Maharashtra appealed against the acquittal of Radheshyam Motilal Rungta (respondent/accused) by the Sessions Court, which had reversed hi...

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High Court of Bombay at Nagpur Acquits Accused in Culpable Homicide Case Due to Lack of Intent and Unreliable Evidence. Conviction under Section 304-I IPC set aside as prosecution failed to prove homicidal death or common intention beyond reasonable doubt.

The case involves two appeals: Criminal Appeal No. 643/2005 filed by the original accused Nos. 2 and 3 (Bhagtam and Mukesh) challenging their convicti...

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Bombay High Court Dismisses Writ Petitions Seeking Direction to Provide Arbitration in Expired Toll Collection Contracts. Clause 36 of Agreement Held Not an Arbitration Agreement; Court Cannot Direct Parties to Arbitrate Under Article 226.

The Bombay High Court dismissed two writ petitions filed by M/s. MEP RGSL Toll Bridge Pvt. Ltd. and Raima Toll & Infrastructure Pvt. Ltd., both specia...

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High Court of Karnataka Quashes Remand Order in Murder Case for Non-Communication of Arrest Grounds. Petitioner's arrest and subsequent judicial custody held illegal as grounds of arrest were not communicated in writing as required under Article 22(1) of the Constitution and Section 50 of CrPC.

The petitioner, Hemanth Datta @ Hemantha @ Baby, was arrested on 17.02.2023 in connection with Crime No. 35/2023 registered at Arasikere Town Police S...

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Bombay High Court Sets Aside Arbitral Award in Stock Broker Dispute — Violation of NSEIL Rules Renders Award Contrary to Public Policy. Trading Member's Squaring Off of Defaulting Client's Position Upheld as Permissible Under Bye-Laws, Award of Damages for Loss of Higher Price Set Aside.

The petitioner, M/s. Ventura Securities Limited, a trading member of the National Stock Exchange of India Ltd. (NSEIL), challenged an arbitral award d...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Banking Ombudsman Dispute Over Counterfeit Drafts. Limitation Act Does Not Apply to Proceedings Under Banking Ombudsman Scheme, 2002.

The petitioner, Bank of Baroda, challenged an arbitral award passed by the Banking Ombudsman (respondent no.2) in favor of respondent no.1, Vijaya Ban...