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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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Bombay High Court Adjudicates Section 34 Petition Against Arbitral Award in ATM Cash Replenishment Dispute. The petition challenges the award of Rs. 23.26 crores to the respondent for cash loading discrepancies under the 2010 and 2015 agreements.

The judgment originates from a petition under Section 34 of the Arbitration and Conciliation Act, 1996 filed by Securitrans India Private Limited, see...

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Bombay High Court Hears Accused's Appeals Against Conviction under Sections 302, 307 Read with 34 IPC Arising from Property Dispute. Admissibility of Medical Certificate and Nature of Injuries Key to Determining Guilt.

The High Court of Bombay at Goa heard four criminal appeals filed by a father and his three sons challenging their conviction and sentence under Secti...

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Bombay High Court Examines Cut-off Date for Workmen Dues in Winding Up of Swadeshi Mills. Official Liquidator's Calculation Up to Appointment of Provisional Liquidator Challenged by Workmen Seeking Dues Up to Winding Up Order.

The matter concerns a company application filed by five workmen of M/s Swadeshi Mills Co. Ltd., which was wound up. The company had approximately 2970...

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High Court of Bombay Dismisses Petition under Section 34 of Arbitration Act and Confirms Arbitral Award in Contract Dispute; Appeal Under Section 37 Arises. Single Judge's Order Upholds Award Holding Breach of Contract by Not Supplying DTC Lists

The appeal under section 37 of the Arbitration and Conciliation Act, 1996 was filed by Maharashtra State Electricity Board (MSEB)/Maharashtra State El...

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High Court Dismisses Application for Rejection of Plaint in Suit for Recovery of Possession by Public Trust. No Prior Consent of Charity Commissioner Required under Sections 50/51 of Bombay Public Trusts Act, 1950 for Suit Against Trespassers; Civil Court Not Barred under Section 80.

The dispute arose from an interim application filed by Defendant No.1 in a civil suit instituted by Shri Hari Ashram, a public charitable trust regist...

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Supreme Court Allows Dealer's Appeal in Sales Tax Exemption Case, Holding Assessment Order for Pre- and Post-Constitution Periods is Severable. Burden of Proof for Exemption Under Article 286(1)(a) Lies on Dealer, but Assessment Order Can Be Partly Declared Void Without Invalidating Entire Assessment.

The appellant, a firm of dealers in pulses at Vijayawada, carried on business of sending pulses to other States by rail during the assessment year 194...

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Bombay High Court Allows Appeal Against Conviction for Rape Under Section 376 IPC Due to Lack of Direct Evidence and Flawed Medical Opinion. Prosecution Failed to Prove Charge as Victim Deemed Incompetent to Testify and Chemical Analysis Report Did Not Support Forcible Intercourse.

The appellant was convicted by the Sessions Judge, Jalna, for an offence under Section 376 of the Indian Penal Code and sentenced to seven years rigor...