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Bombay High Court Dismisses Appeal in Admiralty Suit — No Additional Security Required for Vessel Release. Court held that the appellant/plaintiff was adequately secured by existing bank guarantee and security, and no rearrest or additional security was warranted under the Admiralty jurisdiction.

The case involves an appeal by HSH Nordbank AG (the original plaintiff) against an order dated 24 March 2014 passed by a learned Single Judge of the B...

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Bombay High Court Allows Arbitration Petition Challenging Arbitral Award on Grounds of Patent Illegality and Public Policy. Court sets aside award for ignoring contractual terms and failing to consider counterclaims.

The judgment concerns two arbitration petitions arising out of the same arbitral award. The petitioners (original respondents) challenged the award un...

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Bombay High Court Dismisses Petition to Restrain Encashment of Performance Bank Guarantee in Arbitration Dispute. Court holds that bank guarantee is an independent contract and injunction can only be granted in cases of fraud or irretrievable injustice, which were not established.

The petitioner, Karam Chand Thapar & Bros. (Coal Sales) Ltd., filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking ...

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Bombay High Court Dismisses Petition to Restrain Invocation of Bank Guarantee in Airport Development Contract Dispute. Court holds that bank guarantee is an independent contract and can be invoked only in case of breach, but no prima facie case of fraud or irretrievable injustice established.

The petitioner, Housing Development and Infrastructure Limited (HDIL), filed an arbitration petition under Section 9 of the Arbitration and Conciliati...

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Bombay High Court Dismisses Subcontractor's Petition to Restrain Invocation of Performance Bank Guarantee Under Section 9 of Arbitration Act. Bank Guarantee Held to Be an Independent Contract Between Bank and Beneficiary, Not Subject to Injunction Absent Fraud or Irreparable Injustice.

The petitioner, Karam Chand Thapar & Bros. (Coal Sales) Ltd., a subcontractor, filed a petition under Section 9 of the Arbitration and Conciliation Ac...

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Bombay High Court Upholds Conviction for Culpable Homicide Not Amounting to Murder in Scissor Assault Case. Appellant convicted under Section 304 Part II IPC for causing death by a single scissor blow during a sudden quarrel, without premeditation.

The appellant, Kamrujama Abdul Rashid Sayyed, was convicted by the Additional Sessions Judge, Greater Bombay, in Sessions Case No. 955/1988 for the of...

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Bombay High Court Acquits Iranian Nationals in Customs Narcotics Case Due to Lack of Evidence of Conscious Possession. Conviction under NDPS Act set aside as prosecution failed to prove that accused had knowledge of heroin concealed in suitcases.

The case involves two Iranian nationals, Mohamound Mehri Allahyari (original accused No.2) and Rajabali Nejad Dehghan (original accused No.1), who wer...